Manas Samanta v. State Of West Bengal And ORS.

19.04.2024 Ct. 654 D/L 5 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 9112 of 2024 Manas Samanta -VsThe State of West Bengal & Ors.

Mr. Pintu Karar, Mr. Saikat Koley, Mr. Sabib Uddin Laskar ... for the petitioner Mr. Jayanta Samanta, Mr. Tapas Ballav Mondal, ... for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Mr. Pintu Karar, learned advocate for the petitioner submits that the petitioner's father was the original FPS licence holder. After demise of his father on 31st December, 2019, the beneficiaries were de-tagged from the said dealership and tagged to a nearby ration shop. The petitioner made an application for grant of licence on compassionate ground, which was allowed by the State authorities. The petitioner started to conduct the business of fair price shop. However, it was found that allotment of ration items in the month of June, 2023 was not delivered as per requirement, for which the petitioner faced difficulty in running the business

with full satisfaction.

The petitioner made a representation on 24th May, 2023 for redressal of his grievance. However, till date, the said representation has not been considered. Hence, this writ petition. Mr. Jayanta Samanta, learned advocate for the State-respondents submits that the petitioner has been delivered with ration items as per his allotment. The petitioner has also put his signature on the list of items delivered as on 24th January, 2024. He files a copy of report in this regard, which is taken on record. Copy served. However, he submits that if the petitioner is aggrieved by the allotment delivered to him in the month of June, 2023, the representation made by the petitioner on 24th May, 2023 may be sent to the SubDivisional Controller, Food & Supplies Department, Arambagh, Hooghly being the respondent no. 3 herein for his consideration.

Having heard learned advocates for the respective parties, the Sub-Divisional Controller, Food & Supplies Department, Arambagh, Hooghly being the respondent no. 3 herein is directed to consider and dispose of the representation of the petitioner dated 24th May, 2023 within a period of four 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. 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.3, the SubDivisional Controller, Food & Supplies Department, Arambagh, Hooghly.

With the aforesaid directions, the writ petition being WPA 9112 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.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

( Bivas Pattanayak, J.)