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Calcutta High CourtWPA/74/2022disposed

Biswanath Saha And ORS v. State Of West Bengal And ORS.

2022-01-13Hon'Ble Justice Amrita Sinha2 pages

13.01.2022 SL No. 151 Court No. 24 (P.M) WPA 74 of 2022 Biswanath Saha & Ors.

Vs The State of West Bengal & Ors.

(Via Video Conference) Mr. Debabrata Saha Roy, Mr. Pingal Bhatacharyya, Mr. Subhankar Das, Mr. Neil Basu ... for the petitioners Mr. Susovan Sengupta, Mr. Subir Paul ... for the State The petitioner No. 1 is the M.R. Distributor. He intends to incorporate the name of his wife, petitioner No. 1 and two married daughters, petitioner Nos. 3 and 4 as partners in the said distributorship on account of his physical incapacitation.

The petitioner No. 1 made representation before the District Controller (Food & Supplies), Murshidabad on 15th February, 2021 and a reminder on 17th November, 2021 and alleges that the same has not been considered till date.

According to the petitioner, the said incorporation of the family members of the M.R. Distributor as partners is permissible in view of the amended provision of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013.

As it appears that the representation filed by the petitioner No. 1 is pending consideration at the end of the District Controller, Food & Supplies, Murshidabad accordingly, the instant writ petition is disposed of by directing the respondent No. 3 to consider and dispose of the representation filed by the petitioner No. 1, strictly in accordance with law, at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to the petitioner no. 1 immediately thereafter.

The petitioner No. 1 is directed to forward a copy of the representation(s) filed by him along with all supporting documents to the aforesaid respondent at the time of communicating the order of the Court. The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Amrita Sinha, J.)