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2021 Supreme(Cal) 23

RAVI KRISHAN KAPUR
Dalgobinda Deogharia – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ram Anand Agarwal, Ms Nibedita Pal, Mr. Ananda Gopal Mukherjee
For the Respondent: Mr. Susovan Sengupta, Mr. Subir Pal, Mr. Manas Kr. Sadhu

JUDGMENT :

Ravi Krishan Kapur, J.

1. The petitioner assails an order dated 10th December 2019 (“the impugned order”) issued by the Director, Directorate of District Distribution, Procurement and Supply Department of Food and Supplies, Government of West Bengal affirming the decision dated 26 September 2019 by the Divisional Controller Food & Supplies, Bakura terminating the fair price shop dealership of the petitioner.

2. The brief facts of the case are that the petitioner is a fair price shop dealer and is also a kerosene dealer licensed under the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 and the West Bengal Kerosene Control Order 1968 respectively.

3. On 4 July 2019, the Area Inspector (Food and Supplies) Bankura II visited the shop premises of the petitioner and sealed the same since the shop had remained closed on 4 July 2019 without prior intimation to the concerned authority.

4. Thereafter, the Sub-Divisional Controller issued a show-cause notice dated 5 July 2019 to the petitioner and also directed suspension of his dealership on inter-alia the grounds that the shop of the petitioner had remained closed on 4 July, 2019 and that the petitioner ha

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