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2009 Supreme(Cal) 946

Aniruddha Bose
Biswambhar Basu – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
S.N. Mukherjee, Debabrata Saha Roy, Ranabir Roy Choudhury, Subrata Mukhopadhyay

JUDGMENT

Aniruddha Bose, J.

1. THE petitioner, whose licence for operating a fair price shop has been terminated, is before this Court seeking quashing of the order of termination. This is the second writ petition in connection with the said shop and the dispute out of which the present proceeding arises dates back to 14th June, 2007. On that date a show cause notice was issued to the petitioner, requiring him to explain as to why proceeding shall not be drawn against him for violation of certain provisions of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003.1 shall refer to this Control Order as the "2003 Order" in the later part of this judgment. THE show-cause notice was issued by the Director of Rationing and it reads: "It reveals from the report of Enquiring Officers, Sri Jamini Baidya, DDR and others, that on their visit to his shop on (i) 29.5.07 at 4-30 p.m. they found the shop- closed during specified hours: (ii) on 01.6.07 at 09.55 a.m. they could not obtain books of accounts viz. A.R. Part-I, in spite of their repeated demand. Thus, he has violated the para 18(iii) and (iv)(e) and conditions of 5 and 9 of the West Bengal Urban PDS (Maintenan






















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