GANGA NARAYAN MUKHERJEE Vs. DIRECTOR OF DISTRICT DISTRIBUTION

JUDGEMENT

(1.) The grievance of the petitioner in this writ application is refusal by the District Controller (F & S) Bankura to consider his application for recommencing Rice Milling operation in his defunct rice mill. Mr. Asoke Kr. Sengupta learned Advocate, appearing in support of the writ petition has submitted that the authorities concerned have misunderstood the application made by the petitioner and has treated it to be an application for a new permit, although, the same was really an application for permission to recommence milling operations in the defunct mill owned by the petitioner.

(2.) Mr. Sengupta has drawn the attention of the Court to the provisions of Sec. 5(b) of the Rice Milling Industries (Regulation) Act 1958 which provides that in granting a permit under Sec. 5 of the Act the Central Government shall give preference to a defunct mill over a new rice mill Mr. Sengupta submitted that the distinction between a new rice mill and a defunct rice mill has been made clear in clause (b) of Sec. 5 of the aforesaid Act and hence the reasons sought to be given by the District Controller (F &S). Bankura while rejecting the petitioner's prayer was not proper and was not borne out by the facts.

(3.) Mrs. Dipti Bhattacharya - II learned Advocate appearing for the State has submitted that there is a general injunction regarding grant of new permits under the aforesaid Act. In fact this position has been made clear in paragraph 8 of the Affidavit -in -opposition affirmed on behalf of the State and the State Respondents. It however appears from the statement made in the said paragraph that injunction relates to grant of new permits whereas, in the present application the question of granting new permit does not arise, since the petitioner is the owner of a defunct rice mill and permission has been sought for by the petitioner for re -commencement of rice milling operations