Calcutta High Court
Biswambhar Basu vs State Of West Bengal & Ors on 16 September, 2008
Author: Aniruddha Bose
Bench: Aniruddha Bose
WP No. 1543 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
BISWAMBHAR BASU Plaintiff/Petitioner/Applicant
Versus
STATE OF WEST BENGAL & ORS. Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 16th September, 2008.
The Court : This writ petition is moved upon service on the learned advocate on record for the State of West Bengal. Since the respondents in this writ petition are all statutory authorities, I am inclined to consider the prayer of the petitioner for interim order at this stage.
The prayer of Mr. Mukherjee, learned Senior Advocate, at this stage is for issuance of a restraint order upon the appellate authority constituted under the West Bengal Urban Public Distribution System (Maintenance & Control) Order, 2003, which has posted petitioner's case for hearing today at 4 p.m. The writ petitioner's licence for dealership under the aforesaid Control Order stands terminated already. The petitioner had approached this court earlier by filing a writ petition being WP No.1004 of 2008, praying for quashing of the order of the appellate authority, sustaining the order of termination of his dealership passed by the first adjudicating authority. The ground on which the impugned order was assailed was that enquiry report was not made available to the petitioner on the strength of which the order of termination was passed. 2
This court was satisfied that in the absence of making available such report, the proceeding would stand vitiated for non-compliance of the principles of natural justice and quashed the order of the appellate authority. This court had further directed re-hearing of the appeal after making available to the petitioner the copy of the report on which reliance was placed by the adjudicating forum. Submission of Mr. Mukherjee is that the report has still not been made available to the petitioner.
Under these circumstances, I give liberty to the petitioner to apply for adjournment of today's hearing. If such an application is made, then the concerned authority shall adjourn the hearing at least for a period of two weeks. Let the matter appear on Tuesday next in the same position. The respondents shall produce the records pertaining to the petitioner's case on the next date. The affidavit of service shall also be filed on the next date.
(ANIRUDDHA BOSE, J.) tk