JAN MD. MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are the partners of a partnership business under the name and style of M/s Jan Md. Mondal. As partners, they are running a fair price shop at village Bamangola in the District of Malda.

(2.) It is the case of the petitioners that one Jan Md. Mondal was the original MR dealer in respect of a Fair Price Shop (FPS) at Bamangola. As MR dealer, the said Jan Md. Mondal was also the carrying contractor of the Mid Day Meal Rice since 1995. In the year 2003 the said Jan Md. Mondal went to Haj in Mecca and before his departure he authorized his son Abdul Kader Mandal to look after the said business of carrying contractor of Mid Day Meal Rice. Subsequently, after his return he withdrew the said letter of authorization issued in the name of his son Abdul Kader Mandal by a letter dtd. 2/2/2005 addressed to the BDO, Bamangola Block. After 2006 the BDO issued work order for carrying Mid Day Meal Rice in the name of Jan Md. Mondal and subsequently he stopped issuing carrying contract of Mid Day Meal Rice in the name of the said Jan Md. Mondal. Thereafter, he made several applications to the concerned authorities to permit him to work as a carrying contractor of Mid Day Meal rice of Bamangola Block but the authorities remain silent. This prompted him to file WP No.6582(W) of 2018 before this Court. The said writ petition was disposed of on 18/6/2018 directing respondent No.5 to consider the representation filed by the petitioner and to dispose of the same within six weeks from the date of communication of this order after affording an opportunity of hearing to the petitioner in accordance with law. In spite of the above order passed by this Court in the above mentioned writ petition, the BDO, Bamangola failed and neglected to take any decision in this regard and did not pass any order entrusting the said Jan Md. Mondal to act as a carrying contractor of mid day meal rice.

(3.) In the mean time, on the basis of a power of attorney executed by Jan Md. Mondal, MR dealership of village Bamangola was transferred to a partnership firm under the name and style of M/s Jan Md. Mondal of which the petitioners namely, Abdul Karim Mondal and his wife Shilpi Sarkar being the partners were granted licence to run the said FPS with effect from 15/3/2022. In the year 2020, Jan Md. Mondal once again moved this court invoking its writ jurisdiction by filing WPA 9810 of 2020 which was disposed of by a Coordinate Bench vide order dtd. 25/11/2021. In the said writ petition the petitioner prayed for issuance of a writ in the nature of mandamus directing the respondent authority to give effect to the order dtd. 18/6/2018 passed in WP No.6582(W) of 2018.