PROIZ NASHIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant writ petition is filed by one Proiz Nashir, the owner of a Fair Price Shop and a dealer and distributor of Superfine Kerosene Oil (S.K. Oil) praying for issuing a writ of Mandamus commanding the respondents to forbear themselves from giving any effect to the show-cause-cum-suspension orders terminating the license of the petitioner and cancelling or rescinding the same.

(2.) It is the case of the petitioner that he was appointed as Modified Ration Dealer (Now known as Fair Price Shop owner) in 1996. The petitioner was also granted license to act as a dealer under the West Bengal Kerosene Control Order, 1968 to distribute Superfine Kerosene Oil (S. K. Oil) under the Public Distribution System (PDS). The petitioner states that after coming into force of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003, the petitioner was granted Fair Price Shop License and after the repealof the said 2003 Control Order by the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, the petitioner was granted a fresh license under the said 2013 Control Order.

(3.) The petitioner alleges that on 1/12/2018, in the course of the distribution of ration commodities, there was a commotion due to inter-se disputes between one Buli Khatoon and the petitioner. In such commotion an oil drum containing about 150 liters of Kerosene was toppled and the registers and other important documents were also taken away by some miscreants taking advantage of the said commotion. The petitioner reported such an incident to the Officer-in-Charge, Harishchandrapur P.S., by a complaint dtd. 1/12/2018. The dispute between the petitioner and the said Buli Khatoon was mutually settled in the presence of local people and an "Aposhnama" duly signed by the above persons was also submitted to the Police authorities.