NEMAI SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners filed the present writ petition for the following reliefs :-

(2.) The petitioners' case in a nutshell is as follows :- Earlier in the year 1975-76 there were two M.R. Distributors operating in the area of Hooghly Sadar and accordingly allotments were made in favour of said two distributors namely (a). Panchanan Sarkar and (b). M/S. Pandua Large Size Primary Co-operative Agricultural Society Ltd. as per advice list of Sub-Divisional Controller (Food and Supply), Hooghly Sadar dated 15.09.1975 and 11.10.1976 respectively. There were total 64 dealers and out of said 64 dealers 33 dealers were tagged with distributor namely Panchanan Sarkar and other 31 dealers were tagged with the distributor namely M/S. Pandua Large Size Primary Co-Operative Agricultural Society Ltd. Thereafter one of the distributor namely M/s. Pandua Large Size Primary Co-Operative Agricultural Society Ltd tagged with those 31 dealers stopped functioning and its 31 dealers were then tagged with the other distributor namely Sri Panchanan Sarkar and the tally of Sri Panchanan Sarkar reached (33+31) i.e. a total of 64 dealers.

(3.) Considering the facts and circumstances of the case as above the following issues are to be determined :