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2013 Supreme(Cal) 517

ANIRUDDHA BOSE
Kultali Food Marketing Pvt. Ltd. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Petitioners:Kalyan Bandyopadhyay, Sr. Adv., Kumar Gupta, Mrs. Nibedita Pal, Ramesh Dhara, Advocates.
For the Respondents:Subrata Talukdar, Md. T.M. Siddiqui, R7, Biswanath Chakraborty, Krishnendu Bera, Advocates.

JUDGMENT

Aniruddha Bose, J.

1. The question involved in this writ petition is as to whether a district controller, who also happens to hold the rank of Joint Director, Food & Supplies could conduct an enquiry over allegations of non-eligibility of an applicant for a license for distributorship under the provisions of the West Bengal/Distribution System (Maintenance and Control) Order, 2003, (2003 Order) at the instance of the Director, District Distribution, Procurement & Supply, in the absence of any disagreement on the part of the Director either with the enquiry report of the sub-divisional controller or recommendation of the district controller. The distributorship involved in this writ petition is for Jamtala Hat under the police station Kultali in the district of 24 parganas (south). Applications in this regard were invited by a notification published in the Kolkata Gazette, Extraordinary dated 21st June, 2011. There has been litigation in the past on appointment to the same distributorship. In an earlier writ petition, (W.P. No. 144 of 2010), Goutam Kumar Saha Vs. The State of West Bengal & Ors. the issue involved was whether advertisements inviting applications for filling




























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