RABINDRA NATH SAMANTA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2009-3-116
HIGH COURT OF CALCUTTA
Decided on March 02,2009

Rabindra Nath Samanta Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) THE petitioner in this writ petition dated February 5, 2009 is seeking the following reliefs: a) A writ in the nature of Mandamus commanding the respondents to show -cause as to why the petitioner shall not be re -appointed as a dealership at Sargram which dealership was surrendered by the illegal pressure of the hooligants of the locality. b) A writ in the nature of Mandamus commanding the respondents to cancel the order dated 17.12.07 vide Memo No. 2272/1(8) SCK/MR/2007 issued by the Sub -Divisional Controller, Food & Supplies, Katwa whereby tagged all the IRC Registration of M.R. Shop of the petitioner with the nearest M.R. Shop of Bidhu Bhusan Dey of village Chandrapur with effect from 17.12.2007.
(2.) THE Food & Supplies Department of the Government of West Bengal appointed the petitioner as an MR dealer for Sargram in the district Burdwan. It has not been stated when the appointment was given. He surrendered his dealership on November 5, 2007. By a notice dated November 20, 2007 the Sub -Divisional Controller, Food & Supplies, Katwa called upon him to show cause why appropriate action against him should not be taken under provisions of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 for his failure to lift the allotted MR commodities for the week commencing November 5, 2007. By a letter dated December 3, 2007 he informed the sub -divisional controller that since he had surrendered his dealership on November 15, 2007, there was no question of non -lifting of stocks and distribution to the consumer; that the provisions of the Control Order were not applicable to the case; that the show cause notice was issued illegally and mala fide; and that the controller should drop the proceedings at once. Under the circumstances, the sub -divisional controller issued the order dated December 17, 2007 allotting all his cards to another dealer.
(3.) THEN after more than one year he submitted an application dated December 24, 2008 requesting the sub -divisional controller to restore his dealership. Since nothing was done, he has taken out this writ petition seeking the reliefs.;


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