SUBRATA TALUKDAR, J. - (1.) In this writ petition challenge is thrown to the termination of the Fair Price Shop (for short the F. P. shop) Licence of the writ petitioner by the Sub-Divisional Controller (F and S), Barrackpore. Challenge is also thrown to the enquiry, search and seizure conducted at the shop-cum-godown of the petitioners on 13th of August, 2010 by officers of the Food and Supplies Department on the ground that such enquiry, search and seizure has failed to follow due process.
(2.) Mr. Debabrata Saha Roy, Ld. Counsel appearing for the petitioners submits that at the instance of certain local vested interests purportedly backed by the Prodhan of the local gram panchayat, an enquiry, search and seizure was conducted at the petitioners' premises on 13th of August, 2010. Mr. Saha Roy points out that the said enquiry, search and seizure was not undertaken in the presence of independent witnesses and, no physical measurement of the ration articles was taken.
(3.) Ld. Counsel for the petitioners further points out that the stocks of ration articles kept in the adjoining shop room were not measured and, in spite of seizing the books of accounts, no seizure list was prepared and handed over by the inspecting officers.;