20.2. 2025 item No.19 n.b. ct. no.24 WPA 2719 of 2025 Pranabesh Das Vs. State of West Bengal & Ors. Mr. Nitish Samanta, …… for the petitioner. Ms. Sonal Sinha, Ms. Ashmita Chakraborty, …. For the State. Affidavit of service filed by the petitioner is taken on record. Petitioner is a MR dealer, who running the business for quite long time. Petitioner is about 60 years old and suffering from several old age ailments. The concerned Inspector of SCFS suddenly inspected the shop cum godown of the petitioner and found some irregularities. On the basis of the same, the licence of the petitioner put under suspension by supplying copy of show-cause cum suspension letter on August 11, 2023. Petitioner has replied to the show-cause and after hearing the petitioner, the concerned SCFS has terminated the licence vide order October 9, 2023. Petitioner filed an appeal against the termination order before the Controller. Vide order dated April 1, 2024, District Controller has reduced the penalty from termination to imposition of fine i.e. three times value of food grains defalcated by the petitioner. It is the case of the petitioner that he approached the concerned District Controller for reduction of such fine amount, though the District Controller verbally assured him for reduction, but subsequently District Controller has not passed any order. Accordingly, he made a representation to the District Controller on November 11, 2024 for reduction of the penalty amount. The representation was not considered. Hence this writ petition. Having heard, learned counsel for the parities and also carefully considering the order of District Controller Food & Supply, Purba Midinipore, it appears to me that District Controller has reduced the penalty from termination to imposition of fine. It is the submission of the appellant that the imposition fine amount is highest punishment, which cannot be imposed. On perusing the Schedule A of the WPBDS(M&C) Control Order, 2013, it appears that the authority may impose fine amount i.e., three times of defalcated food grains. However, it appears that the petitioner is aggrieved against the imposition of fine amount. According to the provisions of Clause 25 of the Control Order, 201 the aggrieved persons being aggrieved by the order of District Controller, Food & Supply may prefer an appeal before the Director, DDP& S by preferring a second appeal. However, the second appeal has to be preferred within 30 days from the date passing of the order by the 2 District Controller. I am, satisfied that there are several the grounds for which the petitioner has not preferred the appeal within the time. Considering the facts and circumstances of the case, the petitionermay be allowed to preferred second appeal before the Director, DDP&S against the order of the District Controller. Under the above observation, the instant writ petition is dispose of with a direction to the petitioner to file a second appeal before the concerned Director, DDP&S within three weeks from the date of passing of this order. If such appeal be filed within stipulated period of the Limitation for filing appeal would be condonned according to the provisions of Section 12 of Limitation Act by the concerned authority. The concerned authority shall dispose of the appeal according to the law after giving an opportunity of being heard to the petitioner. The appeal should be disposed of within eight weeks from the date of filing of the appeal. The decision of the appeal shall be intimated to the petitioner within two weeks thereafter. Under the above observation, the instant writ petition is disposed of. Since no affidavits have been exchanged, the allegation made in the writ petition shall be deemed to have been not admitted. 3 This Court has not entered into the merit of this mater, the concerned authority is at leave to dispose of the appeal, if filed, according to the provisions of law without being influenced by any observation of this Court. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Subhendu Samanta, J.) 4