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BIBEK CHAUDHURI
Proiz Nashir – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibek Chaudhuri, J.
1. This instant writ petition is filed by one Proiz Nashir, the owner of a Fair Price Shop and a dealer and distributor of Superfine Kerosene Oil (S.K. Oil) praying for issuing a writ of Mandamus commanding the respondents to forbear themselves from giving any effect to the show-cause-cum-suspension orders terminating the license of the petitioner and cancelling or rescinding the same.
2. It is the case of the petitioner that he was appointed as Modified Ration Dealer (Now known as Fair Price Shop owner) in 1996. The petitioner was also granted license to act as a dealer under the West Bengal Kerosene Control Order, 1968 to distribute Superfine Kerosene Oil (S. K. Oil) under the Public Distribution System (PDS). The petitioner states that after coming into force of the West Bengal Public Distribution System (Maintenance & Control) Order, 2003, the petitioner was granted Fair Price Shop License and after the repeal of the said 2003 Control Order by the West Bengal Public Distribution System (Maintenance & Control) Order, 2013, the petitioner was granted a fresh license under the said 2013 Control Order.
3. The petitioner alleges that on 1st December 2018,
A show-cause notice must contain specific and clear charges against the person to whom it is issued. Vague and general charges render the notice invalid.
Point of Law : Consumer Goods - kerosene dealer licensed - No reason for the Director, District Distribution, Procurement and Supply Department of Food and Supplies, Government of West Bengal to be b....
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to defend against charges before cancellation of their authorization.
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to be heard before any cancellation of authorization can occur.
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
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