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2023 Supreme(Cal) 876

BIBEK CHAUDHURI
Proiz Nashir – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sagar Bandyopadhyay, Ms. Soma Kar Ghosh.
For the State : Mr. Amitesh Banerjee, Mrs. Ipsita Banerjee.

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,

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