SUBHAS CHANDRA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The facts involved in this Writ petition inter alia are that the writ petitioners by registered partnership Deed dated August 8, 1984 formed a partnership firm under the name and style of "M/S. Suhas Chandra Dey & Kaberi Bose" in order to carry on buisness as M. R. Distributor having its office cum godown at Gourpara, Singherbagan, P.S. & P.O. Chakdah, District-Nadia.

(2.) An agreement was executed between the petitioners and the respondent No. 5 (S.C.F & S Kalyani) on behalf of the Governor of the State of West Bengal in connection with the distribution of Food Stuff in the District of West Bengal. The aforesaid agreement was executed on 31st July, 1985.

(3.) While functioning as M. R. Distributor, all on a sudden the petitioner was served with a communication being memo. No. 26/FS/Kly/92 dated 7th January, 1992 issued by the respondent No.5 Sub-Divisional Controller, Food & Supplies, Kalyani, P. S. Kalyani, District-Nadia, wherefrom it transpired that vide para 12 of the M.R. Agreement executed between the petitioners and the Government, supplies of food stuffs stand suspended as also the said agreement stands terminated with effect from 6th January, 1992 for breach or contravention of the provisions of the Agreement. Xerox copy of the said communication has been annexed to the writ petition.