SUNIL KUMAR GHOSH Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
SUNIL KUMAR GHOSH
STATE OF WEST BENGAL
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ARUN KUMAR DUTTA, J. -
(1.)This is a contempt application by the petitioner Sunil Kumar Ghosh against the opposite-party-contemner, Shri Ashoke Santra, The Director of Rationing, West Bengal, (hereinafter referred to as the opposite party) for appropriate orders for his (latter's) willful and deliberate noncompliance of the directions given by this Court in the Judgment and order dated 19/07/1993 in F.M.A.T. Nos. 619-20 of 1992 on the allegations made therein. We had already heard the submissions of the learned Advocates for both sides at length.
(2.)Upon perusal of the record we find that the aforesaid two appeals had been disposed of by the Judgment and order dated 19/07/1993 "by directing the Director of Rationing to make appropriate orders/appointment/s allowing the said two brothers to run two separate Ration Shops in the premises in question within their respective allotted portions in the manner indicated above, on their complying with the requisite formalities therefore, if so required. Such order/appointment has to be made by the Director of Rationing within two months from this date.
(3.)While disposing of the aforesaid two relevant appeals and issuing the aforesaid direction it had been observed in the said judgment as follows :-
"The Director, who was directed to appear before us, had submitted that there would be some administrative inconvenience in allowing the two brothers to run two separate Ration Shops with the existing units in the locality. But that does not seem to us to be an insurmountable hurdle. We find from the materials on record that there are a number of Ration Shops, being A.R. Shop Nos. 256, 541 and 761 within sub-area Barangore, having much less than 2,000 units each. When the Rationing Authority could have allowed those Ration Shops to run with much less than 2,000 units, there should not be any difficulty on the part of the Director to allow the two brothers to run two separate Ration Shops within the same premises in their respective allotted portions, by appointing them separately therefore, instead of jointly, the say he did, numbering and/or sub-numbering the two shops separately, by dividing splitting up the existing units of more than 4,000 units of the A.R. Shop in question between the two brothers, as equally and equitably as possible, so that the two brothers may get more than 2,000 units each, without any further addition thereto, which could neither possibly give cause for any complaint from any quarter. Such an arrangement would neither be in any way inconvenient and/or prejudicial to the rationees, but might be beneficial to them as they might be in a position to get better service from each shop with lesser number of units under them. The distribution system might thereby be better managed to the convenience of the Rationees. Should the Director of Rationing feel any administrative difficulty in making arrangement in the above manner, he could very well do so in terms of the order of the Court to that effect."
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