ARUN AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the petitioner prays for an order commanding upon the respondents to withdraw the Memo dated 14.12.2009 (as contained in Annexure- P14) issued by the Principal Secretary, Department of Food & Supplies-cum-Commissioner, Food, whereby and whereunder, the said authority, acting in the capacity of the appellate authority upheld the decision of the Director of Rationing cancelling the licence of the petitioner on 17.6.2009. The petitioner has made a further prayer for a Declaration declaring that the enquiry, search and seizure conducted in his fair price shop on 8.11.2008 by two Joint Directors of Rationing (F&S), is a nullity and therefore, the order of cancellation of the licence of the petitioner passed on 17.6.2009 should be set aside. The petitioner has made a further prayer for an order restraining the respondents from declaring any vacancy of a fair price shop arising out of such illegal cancellation of the licence of the petitioner.

(2.) The short facts which are necessary to be taken note of are that the petitioner claims to be a handicapped person who was granted a fair price shop licence under the Ballygunge Sub Area, Kolkata being Fair Price Shop (FPS) No. 2988. It is the case of the petitioner that on 7.11.2008 the Area Inspector (F&S) Ballygunge Ration Office, visited his shop after close of sale of rationed articles in the evening and took physical measurements of the stock-in-trade, verified the same with the Sale Register, Stock Register and Cash Memos and made a satisfactory endorsement on the petitioner's Inspection Book on the same day. The petitioner relies upon Annexure- P2 in support of such a statement.

(3.) On the very next day i.e. on 8.11.2008 at about 5 p.m. while the petitioner was running his shop, two Joint Directors from the Directorate of Rationing namely Sri Biswanath Chakraborty (Joint Director, Kolkata North) and Sri Jayanta Chakraborty (Joint Director, Kolkata South) entered into his shop and directed him to produce his Books of Accounts. The petitioner produced all Books of Accounts including the daily Sale Register and Cash-Memo Books and, according to the petitioner, Sri Biswanath Chakraborty became satisfied that there were no irregularities. However, the other Joint Director namely Sri Jayanta Chakraborty, made a note on the Inspection Book alleging that on demand, the petitioner had failed to produce the Cash Memo Books.