- (1.) The present writ petition was moved challenging the impugned order of cancellation of M.R. Dealership Agreement of the petitioner dated Sept. 22/23, 1980 passed by the Sub-divisional Controller Food and Supplies, Katwa invoking Cl.18 of the agreement which is annexure-'D' to the present Writ Petition.
(2.) By the said impugned order the authority had considered that the explanation submitted by the writ petitioner dated August 18, 1980 in reply to the impugned show cause notice dated Aug. 2, 1980 was not at all satisfactory as the petitioner had drawn sugar for 3200 units, but did not supply 425 units from July 11, 1980 to July 27, 1980, depriving the consuming Ration Card Holders. Moreover, the petitioner supplied sugar twice in a week to certain Ration Card Holders which was also most irregular and invoked Cl.18 of the terms and conditions of the Agreement and passed the order of cancellation, which was to be effective after the expiry of 30 days from the issue of the said notice.
(3.) At the time of issuance of the Rule on Oct. 7, 1980 status quo was granted by Sambhu Chandra Ghose, J. (as his Lordship then was) and on Dec. 3, 1980, the interm order was vacated by B.C. Basak, J. in the presence of Mr. D.P. Mazumder, learned Advocate for the State respondents. Thereafter, the matter was taken up for hearing by S.K. Mookherjee, J. and by me on different dates and no one is appearing on behalf of the State, today, when the matter is being finally disposed of today, as no affidavit-in-opposition appears to have been filed on behalf of the Sub-divisional Controller, Food and Supplies dealing and denying all the material allegations made in the writ petition.;