Md. Javed Sarwar vs The State Of West Bengal & Ors
2023 Latest Caselaw 3820 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
               CONSTITUTIONAL WRIT JURISDICTION
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                               WPA 8421 of 2023

                              Md. Javed Sarwar
                                     Vs.
                        The State of West Bengal & Ors.


Mr. Sankar Paul
Mr. Imtiaz Ahmed
Ms. Tapati Sankar
            ..for the petitioner

Item No.11

Heard & Judgment on:           12.06.2023


Bibek Chaudhuri, J.

Affidavit of service be kept with the record.

By an order dated 13th September, 2011 in W.P. 18735 (W) of

2011 a Co-ordinate Bench of this Court quashed an order passed by

the District Controller, Food & Supplies, Murshidabad confirming the

order of Sub-Divisional Controller terminating MR Dealership licence of

the petitioner and directed the respondents to reconsider the

representation/showcause filed by the petitioner after giving

opportunity of fresh hearing given to him and also directed the

respondent/Appellate Authority to pass reasoned order within a period

of eight weeks.

In compliance of the order of this Court in W.P. 18735 (W) of

2011 on 5th January, 2012 the District Controller and E.O., Assistant

Director, Food & Supplies, Murshidabad passed a reasoned order

giving opportunity to the petitioner of hearing. The District Controller

came to the conclusion that FPS Dealer/petitioner violated the

provisions of WPPDS (M & C) order, 2003. Accordingly, his licence

was cancelled. The petitioner has approached this Court after a lapse

of more than nine years stating, inter alia, that the above mentioned

impugned order was communicated to him on 11th December, 2020.

It is needless to say that when FPS licence of a petitioner is

cancelled, he is the worst sufferer and when he was able to

demonstrate his luxury to wait for eight years for having the

impugned order and subsequently come up with the instant writ

petition challenging an order dated 4th April, 2012 in the year 2021,

the petitioner is not entitled to get any relief under the facts and

circumstances of this case.

Moreover, on perusal of the impugned order, I find that the

respondent authority has duly complied with the order passed by this

Court in W.P. 18735 (W) of 2011. Accordingly, I do not find any

reason to admit the instant writ petition and the same is summarily

dismissed.

(Bibek Chaudhuri, J.)