Ataul Haque v. State Of West Bengal And ORS.

04.04.2024 Ct. 654 D/L 4 ab WPA 4418 of 2024 Ataul Haque -VsThe State of West Bengal & Ors.

Mr. Timir Baran Saha ... for the petitioner Mr. Suman Sengupta, Mr. Dwaipayan Basu Mullick, Mr. Sanatan Panja ... for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Mr. Timir Baran Saha, leaned advocate for the petitioner submits that the petitioner is an M.R.-cumKerosene Oil Dealer at Village-Barnia, Post OfficeBarnia, Police Station-Palashipara, District-Nadia. Upon death of another M.R.-cum-Kerosene Oil Dealer namely, Habiluddin Sekh in the year 2014, the ration card holders have been tagged with added respondent no. 6 namely, Ali Hossain Sk whose dealership is lying at a far of distance. The kerosene oil dealership of the petitioner is situated nearer to the deceased dealer. The petitioner made several representations for redressal of his grievance on 27th June, 2018, 16th July, 2021 and lastly on 29th September, 2023 for tagging the ration card holders of the deceased dealer on the aforesaid ground. However, the representations made before the

concerned authority have not been disposed of as yet. Hence, this writ petition.

Mr. Dwaipayan Basu Mullick, learned advocate for the State-respondents submits that the petitioner has filed the instant writ petition after more than 10 years of demise of the deceased dealer. Hence the instant writ petition is liable to be dismissed on the ground of delay alone.

From the materials on record, it is found that the petitioner has made several representations before the Sub-Divisional Controller (Food & Supply), Tehatta Sub-Division, Nadia being the respondent no. 5 herein since the year 2018, however, the same have not been disposed of as yet.

In the aforesaid backdrop, the Sub-Divisional Controller (Food & Supply), Tehatta Sub-Division, Nadia being the respondent no. 5 herein is directed to consider and dispose of the representation of the petitioner dated 29th September, 2023 within a period of six weeks from the date of communication of this order by passing a reasoned order in accordance with law after giving an opportunity of hearing to all concerned including the petitioner and the respondent no. 6. The result of such disposal shall be communicated to the petitioner within a week thereof. Learned advocate for the petitioner is directed to serve copy of this order upon respondent no.5, the Sub-

Divisional Controller (Food & Supply), Tehatta SubDivision, Nadia. With the aforesaid directions, the writ petition being WPA 4418 of 2024 stands disposed of.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

( Bivas Pattanayak, J.)