S/L 4 12.03.2025 Court. No. 551 Sourav WPA 8668 of 2009 Ratua Samabaya Krishi Unnayan Samity Limited & Anr. Vs. The State of West Bengal & Ors. Mr. Timir Baran Saha Mr. Subrata Mukherjee … for the petitioners. Ms. Sonal Sinha Ms. Rajyashree Mukherjee … for the State. 1. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondents/authorities for initiation of the supply of the essential commodities, M.R. Commodities and superior kerosene oil to the writ petitioner no. 1/M.R. Dealer. 2. On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties following facts reveal, namely; a) with effect from 26.01.1998, the M.R. Dealership of the writ petitioner no. 1 was suspended by the Inspector (F & S), Ratua – I, District – Malda and a copy of such suspension order was sent to the respondent no. 4/authority; b) by an order dated 11.03.1998, the respondent no. 4/authority, however, revoked the said order of suspension including tagging order as 2 issued against the writ petitioner no. 1/M.R. Dealer and a copy of such order of revocation of suspension was also communicated to the writ petitioner no. 1 as well as to the different functionaries of the Food and Supplies Department of the Government of West Bengal; c) since the M.R. Commodities including Superior Kerosene Oil was not supplied to the writ petitioner no. 1/M.R. Dealer despite revocation of suspension order, the writ petitioner made several representations with the respondents/authorities but of no effect; d) finding no other alternative, the writ petitioner filed WP No. 19546 (W) of 2003 which was dismissed on 29.01.2009 on a technical ground but without touching its merit; e) challenging the said order of dismissal dated 29.01.2009, the writ petitioner preferred an appeal being MAT No. 213 of 2009 which was also dismissed for non-prosecution by a Division Bench of this Court, however, in the said order it was made clear that the said order of dismissal for non-prosecution would not stand in the way of the present writ petitioner to file writ petition on the self-same cause of action; f) hence, the instant writ petition. 3. On perusal of the affidavit-in-opposition on behalf of the respondent/State as affirmed on 11.03.2025, it 3 reveals that the respondents/authorities contended that the relevant files could not be traced out. They further stated that they are unable to deny and dispute the statements as made in the instant writ petition. 4. Such being the position, this Court finds sufficient merit in the writ petition. It appears to this Court that despite revocation of the order of suspension as well as the order of detagging, the respondents/authorities could not explain as to why they have stopped the supply of essential commodities including M.R. materials and Superior Kerosene Oil to the writ petitioner no. 1/M.R. Dealer. It appears to this Court that the action on the part of the respondent/State is arbitrary and is violative of Article 14 read with Article 19(1)(g) of the Constitution of India. 5. In view of such while allowing the instant writ petition, this Court directs the respondent no. 3 to restore immediate supply of essential commodities including the M.R. articles and Superior Kerosene Oil in favour of the writ petitioner no. 1/M.R. Dealer and also to take appropriate steps for tagging of the customers of the writ petitioner no. 1/M.R. Dealer positively within a month from the date of communication of this order. 6. Liberty is given to the learned advocate-on-record for the writ petitioner to communicate the server copy of this order to the respondent no. 3. 7. The respondent no. 3 is hereby directed to act on the server copy of this order. 4 8. The time limit as fixed by this Court is peremptory and mandatory. 9. With the aforementioned observations, the instant writ petition being WPA 8668 of 2009 is disposed of. 10. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.)