Nanibala Das v. State Of West Bengal And ORS.

21.01.2025 Item No.10 Ali ct. no.24 WPA 28805 of 2024 Nanibala Das Vs.

State of West Bengal & Ors.

Mr. S. Sanyal, Ms. P. Banerjee ...... for the petitioner.

Mr. Sirsanya Bandopadhyay, Mr. Ritesh Kr. Ganguly .... for the State.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner is a ration dealer distributing ration articles to the beneficiaries. It is the contention of the petitioner that she is receiving less quantity of ration articles then it appearing in the e-PoS machine since February, 2022. She made several request to the concerned authority for correction of such dissimilarities appearing in the e-PoS machine. Finally, she approached the authority vide representation dated 16th of April, 2024 (annexure P-5). The concerned SCFS has not considered the same. Thus, he approached this court. Having heard the learned counsels for the parties, it appears to me that the present petitioner being an MR dealer is suffering regarding the dissimilarity stock appearing in the e-PoS machine as well as the physical

stock received from the distributor; the same can only be determined by the concerned SCFS.

Accordingly, the instant writ petition is disposed of with a direction to the Respondent No. 6 to consider the representation to the petitioner appearing in (annexure P-5) of the writ petitioner within six weeks from the date of receiving of the order of this court by passing a reasoned order.

The Respondent No. 6 shall give the reasonable opportunity of being heard to the petitioner before disposing of the same and shall intimate the decision within two weeks thereafter.

I make it clear that this court has not entered into the merits of this matter.

Authority concerned is at liberty to dispose of the same according to the law.

As affidavits are not exchanged, allegation made in the writ petition shall be deemed to have been not admitted.

Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions.

(Subhendu Samanta, J.)