FARID MONDAL Vs. ABDUL GANI MONDAL

JUDGEMENT

(1.) The instant appeal is arising out of an order dated 25th February, 2011 by which the learned single Judge directed the respondent authorities to allot kerosene equally i.e. on 50:50 basis between the writ petitioner and Md. Farid Mondal, the appellant herein, in terms of an order dated 22nd September, 2009 passed by Sub-Divisional Controller (F&S), Tehatta SubDivision, Nadia and allowed the writ petitioner to sell kerosene oil to the ration card holders as well as other customers to run the business of the petitioner. The instant appeal is at the instance of Md. Farid Mondal who was not made a party in the writ petition.

(2.) When the appeal was moved we admitted the appeal and allowed Md. Farid Mondal to prefer the instant appeal since we were of the view that the said order is likely to affect Md. Farid Mondal and he should have been made a party in the writ petition as the proposed equal distribution of kerosene oil would curtail the right of Md. Farid Mondal to sell kerosene oil to its card holders.

(3.) In the appeal the appellant raised the question that a person having licence under Control Order, 1968 would not be entitled to sell kerosene to the ration card holders and such ration card holders are entitled to obtain their kerosene oil against the ration cards from the fair price shop under the Control Order, 2003. The appellant claims to own a fair price shop owner under Tehatta SubDivision, District Nadia. He was appointed as M.R. Dealer on or about 1981.