Judgment:
ORDER
SHEET WP No.446 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF:CHAITALI DEY Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :
26. h February, 2013.
For Petitioner : Mr.Saptangshu Basu, Senior Advocate, Mr.Ram Anand Agarwala, Advocate, Mr.Nibedita Pal, Advocate with Mr.Anando Gopal Mukherjee, Advocate.
For Respondents :Ms.Chama Mukherjee, Advocate with Md.T.M.Siddiqui, Advocate.
The Court:-The petitioner is a dealer under the West Bengal Kerosene Control Order, 1968.
The petitioner is being constantly allotted supply pertaining to ration cardholders above 3500 units, as it appears from annexure ‘P-3’ to the writ petition.
In the period between 16th October, 2011 and 31st October, 2011, 88 ration cards were de-tagged from her dealership which took the total allocated number of ration cards in respect of her dealership to 3787.
Mr.Basu, learned Senior Advocate appearing for the petitioner submits that his client apprehends further reduction in the number of ration cards being tagged to her dealership.
Learned Counsel appearing on behalf of the State-respondents on the other hand submits that reduction took effect on the basis of inspection by the Inspecting Officer, who, it appeaRs.made a computation on the basis of actual utilisation of ration cards.
These materials however are not on record.
In these circumstances, I dispose of this writ petition with a direction upon the respondents that in the event they want to reduce the number of ration cards tagged to the petitioner further, an opportunity of hearing shall be given to the petitioner and the petitioner shall be disclosed the reasons for such reduction.
The particulars of the ration cardholdeRs.who are being detagged shall also be disclosed to the petitioner.
Let the concerned authority disclose to the petitioner the particulars of the ration cardholdeRs.who have already been detagged, within a period of four weeks from the date of communication of this order.
The writ petition stands disposed of in the above terMs.Since this writ petition is being disposed of without calling for any affidavit, allegations made in the writ petition shall be deemed not to have been admitted.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
nm A.R.(C.R.) (ANIRUDDHA BOSE, J.)