Calcutta High Court (Appellete Side)
Dk. Raipur S.K.U.S. Ltd. & Anr vs The State Of West Bengal & Ors on 10 November, 2014
Author: Aniruddha Bose
Bench: Aniruddha Bose
59 10.11.14. W.P. 24186 (W)_of 2014..
ab
Dk. Raipur S.K.U.S. Ltd. & Anr.
Vs
The State of West Bengal & Ors.
Mr. V. Basu
Mr. Md. Ibrahim
... For the Petitioners.
Mr. S. Sengupta
Mr. S. Pal
... For the State Respondents.
The application for dealership of the petitioner no. 1 under the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 has not been considered by the Sub-Divisional Controller, Kakdwip, 24-Parganas (South) on the ground that the application form of the petitioner no. 1 was not signed. In the order passed on 6th August, 2014, the Sub-Divisional Controller has indicated that the matter would be sent to higher authority. The application of the petitioner was made on 2nd April, 2014 and the dispute has already undergone one round of litigation. The aforesaid order was passed by the Sub-Divisional Controller as per direction of this Court passed in the earlier litigation, in W.P. No. 13899 (W) of 2014 dated 11th June, 2014.
Today when the matter is called on, Mr. Sengupta produced the records in original and from the records, I find that in the original application of the petitioner no. 1, the signature of the applicant was actually missing in the second page. On the photograph pasted on the first page of the application, however, the signature of the Secretary of the petitioner no. 1 appears to have been made. On behalf of the petitioner, it is submitted that this was an inadvertent error, though in the writ petition, this fact has not been conceded. To this Court, it appears to be an error of the part of the petitioners. Now it would be up to the authority concerned to decide at the first instance as to whether such an error is curable or not. Mr. Sengupta, learned Counsel appearing for the department apprised this Court that the Principal Secretary, Food and Supplies would be the proper authority to decide the subject-controversy. Since the authorities are yet to finally determine this question, I do not want to express any opinion on the issue, which is still within the domain of the administration.
I accordingly refer the matter to the Principal Secretary, Food and Supplies, Government of West Bengal for a decision on the question as to whether the application of the petitioner shall be rejected outright or the petitioners' application shall be considered upon curing the defect or the petitioners shall be permitted to file a fresh application with proper signature or not, considering the given facts of the case. Decision in this regard shall be taken keeping in view the provisions of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013. For this purpose, the petitioners shall make a representation before the Principal Secretary, Food and Supplies department within a period of two weeks and the decision shall be taken by the said authority preferably within a further period of six weeks. Till such decision is taken by the Principal Secretary, final step shall not be taken for filling up the vacancy in respect of which the application was made.
The writ petition stands disposed of in the above terms. There shall, however be, no order as to costs.
Urgent photostat certified copy of this order, if applied for, shall be supplied to the learned Counsel for the parties as expeditiously as possible, in compliance of usual formalities.
(Aniruddha Bose, J.)