Decided on December 16,1976

Jaskaran Singhi Appellant
SUB Respondents


Manas Nath Roy, J. - (1.)This application is directed against two orders in annexures 'B' and 'C' dated Oct. 23, 1976 and dated Dec. 11, 1976, respectively.
(2.)The petitioner was a M. R. Distributor at Dinhata, Cooch Behar. Such appointment was made on Feb. 8, 1974 and subsequently an agreement to that effect was executed on Feb. 27, 1974. The clauses of the said agreement amongst others which would be relevant for our consideration are clauses 12, 13 and 14. The original of the said agreement, on being requested was produced by Mr. Moitra, the learned Advocate for the petitioner and the clauses of the same as mentioned hereinbefore are quoted hereinunder:-
12. The District Magistrate or the Controller with the approval of the District Magistrate without assigning reason and without prejudice to the rights and remedies of the Government against the Distributor for any breach or contravention of the provisions of this Agreement may suspend supply of foodstuffs to the Distributors forthwith and terminate this agreement if, in the opinion of the Controller, the Distributor has committed any breach of the terms and conditions of the agreement or has failed to observe or carryout any directions given to the Distributor according to the provisions of the agreement. The decision of the Controller in that behalf, shall be final.

13. Notwithstanding anything hereinbefore contained, the District Magistrate or the Controller, as the case may be, shall at any time be at liberty in his uncontrolled discretion and without assigning any reason to terminate this agreement for and on behalf of the Government on giving one month's notice in writing of his intention so to terminate this agreement and the Distributor shall have no claim for losses or damages on that account against the Government and similarly the Distributor shall be at liberty to terminate this agreement after giving similar notice as aforesaid.

14. Any stocks of foodstuffs remaining with the Distributor after cancellation of his appointment and/or termination of this agreement shall be dealt with or disposed of according to the directions issued in this behalf by the District Magistrate or the Controller as the case may be, and not otherwise. Save as aforesaid Government shall have no liability in respect of such stock.

(3.)On or about Oct. 23, 1976 there was an inspection of the petitioner's godown and shortages in respect of stocks of rice and wheat as mentioned in annexure 'B' were detected. On such detection there was a seizure of the books of accounts of the petitioner. Thereafter the impugned order in annexure 'C' as issued by the Sub-Divisional Controller of Food and Supplies, Cooch Behar was served on the petitioner.

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