Calcutta High Court (Appellete Side)
West Bengal M.R. Dealers Association & ... vs The State Of West Bengal & Ors on 20 April, 2015
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
20.04.2015
200
b.r
W.P. No. 33258(W) of 2013
With
CAN 5628 of 2014
West Bengal M.R. Dealers Association & Anr.
-vs-
The State of West Bengal & Ors.
Mr. Pratik Dhar, Sr.Advocate
Mr. Tarun Kumar Das,
............ For the applicant.
Mr. Sushovan Sengupta,
Mr. Subir Pal,
............ for the State-Respondents.
Ms. Nibedita Pal, Mr. Ramesh Dhara, Mr. A.G. Mukherjee, ............. For the respondents.
Sri Pratik Dhar, learned Senior Counsel appears for the applicant in CAN 5628 of 2014.
The short point taken by Sri Dhar in the application is that qua an M.R. Dealer, one Sri Pathik Mallick, the order of penalty dated 26th December, 2013 as sought to be imposed by the District Controller, Food and Supplies, Paschim Medinipur be allowed to be implemented. Sri Dhar bases his submissions on the solemn order of the Hon'ble Division Bench dated 8th May, 2014 appearing at Page-20 of CAN 5628 of 2014 by which 2 the petitioner-applicant was given the liberty to pray for clarification of the interim order passed by an Hon'ble Single Bench to the extent whether such interim order is confined to the private respondent, the said Pathik Mallick or, is of general application.
It is relevant to mention that by order dated 27th November, 2013, an Hon'ble Single Bench directed that in respect of notices which have been issued by the respective Sub-Divisional Controllers with an intent to impose penalty on the concerned dealers should not be given effect or further effect till 31st January, 2014 or until further orders, whichever is earlier. By order dated 30th January, 2014 in the said writ petition being WP 33258(W) of 2013, the interim order was directed to continue till disposal of the writ petition.
It is the specific case of Sri Dhar that the penalty sought to be imposed on the said Pathik Mallick by the District Controller vide the order dated 26th December, 2013 is under the West Bengal Public Distribution System (Maintenance & Control) Order 2003 and is not connected in any manner with the Control Order of 2013. Sri Dhar fortifies his submission by drawing the attention of this Court to Clause-42 of the 2013 3 Control Order which has not affected by way of repeal any investigation, penalty or imposition of punishment for any offence committed by a licensee in respect of the provisions of the 2003 Control Order.
Ms. Nivedita Pal, learned counsel appearing for the said Sri Pathik Mallick and, in support of WP No. 33258(W) of 2013 questions the status of the applicant to seek reliefs in her writ petition without being impleaded as a party.
Sri Sushovan Sengupta, learned Senior Government Advocate submits that in view of the several writ petitions pending and connected with the self-same issue as indicated in the interim order dated 27th November, 2013, the main writ petition filed by the West Bengal M.R. Dealers Association needs to be heard out expeditiously.
Having heard the parties and considering the documents on record, this Court is not in agreement with the submission of Ms. Pal that the present applicant does not have locus in presenting this application in her writ petition. Inspiration for the status of the present applicant can be gathered from the order of the Hon'ble Division Bench dated 8th May, 2014 4 directing the parties, and particularly the Ld. State counsel to file an appropriate application before the Hon'ble Single Bench seeking clarification or vacating of the interim order as the case may be. From the tenor of the order dated 26th December, 2013 passed by the District Controller, it is obvious to this Court that the question of implementing the penalty imposed has been kept in abeyance considering the interim order dated 27th November, 2013 thereby causing prejudice to Sri Dhar's client.
Having regard to the further facts that parity on issues needs to be meted out to the M.R. Dealers concerned, the interpretation of the Control Order of 2013 as also to examine the question whether in the specific case of Sri Pathik Mallick, the said Control Order of 2013 is of any application on not, this Court is of the view that the main writ petition covering all the M.R. Dealers be heard out expeditiously.
This Court is further informed that the clarification of the order dated 27th November, 2013 was left to the determination of the Regular Bench on an oral reference by all the parties before the concerned Hon'ble Single Bench.
Having regard to the above noted position, let WP No. 33258(W) 2013 with the present application being CAN 5628 of 5 2014 be placed for consideration under the heading "For Orders" by date on 13th May, 2015.
Parties are directed to exchange their affidavits, if not already exchanged, by the next date.
(Subrata Talukdar, J)