West Bengal M R Distributors Association And Another v. State Of West Bengal And ORS.

45 24.03.2023 NB Ct. 39 WPA 6179 of 2023 West Bengal MR Distributors' Association & Anr. Vs.

The State of West Bengal & Ors.

Mr. Debabrata Saha Roy, Mr. Pingal Bhattacharyya.

...for the petitioners.

Mr. T. M. Siddiqui, Ms. Adreeka Pandey.

...for the State.

This is an application made by the West Bengal MR Distributors' Association and its General Secretary praying for a direction upon the respondents to enhance the transport rebate and margin of profit/ commission of the members, taking note of present market condition.

Affidavit of service filed on behalf of the petitioners is taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. By several letters including the letter dated 05.04.2022, the petitioners have made representations before the respondent authorities and others for considering the issues of transport rebate and margin of profit and others. Yet, all the issues have not been resolved.

Learned counsel appearing on behalf of the State submits that the question of financial loss has already been considered and decided. The same has also been communicated to the petitioners. However, it will take some

more time for the respondents to deal with the issues of the transport rebate and margin of profit and take a decision. I have heard the learned counsel appearing for the parties and perused the writ petition.

It appears that a representation given by the petitioners have not yet been fully dealt with. In view of the above and in the interest of justice, the respondent no.2 is directed to consider the representation of the petitioners in its totality and in particular, decide the issues of transport rebate and margin of profit within a period of eight weeks from the date of communication of this order after providing an opportunity of hearing to the petitioners and thereafter, communicate the decision to the petitioners within a fortnight therefrom.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)