Calcutta High Court (Appellete Side)
204 Ct. No.09 Parimal Ghosh vs State Of W. B. & Ors on 10 August, 2017
Author: R. K. Bag
Bench: R. K. Bag
1
-. 10.08. W. P. 18196 (W) of 2017
g.b. 2017
204 Ct. No.09 Parimal Ghosh
Vs.
State of W. B. & Ors.
Mr. Prosenjit Mukherjee
........For the Petitioner
Mr. Jahar Lal De
Mr. Shamim-ul-Bari
......For the State
The grievance of the petitioner is that the order of
imposition of fine is issued by the Sub-division Controller
(Food and Supplies), Hooghly, though the said fine can be
imposed by the District Magistrate of the district under
paragraph 9A of the West Bengal Kerosene Control Order,
1968.
Learned counsel for the State respondents submits
that the word "District Magistrate" is defined in paragraph 3(k) of the West Bengal Kerosene Control Order, 1968 as amended with effect from November 3, 2014 as the District Magistrate including the Additional District Magistrate in charge of food affairs, Sub-divisional Officer, District Controller of Food and Supplies and Sub- divisional Controller of Food and Supplies. Accordingly, I 2 cannot persuade myself to hold that the order issued by the Sub-divisional Controller of Food and Supplies is without jurisdiction.
Prayer for interim order is, thus, refused. The respondents are directed to file affidavit-in- opposition within a period of four weeks; reply, if any, to be filed by the petitioner within a period of two weeks thereafter.
List the matter under the heading "Hearing" after expiry of six weeks.
(R. K. Bag, J.)