31.08.2026 Item no. 48 Court no. 30 g.b. 266012 CPAN 16 of 2026 Minati Biswas Vs. Nabarun Sen, Sub-Divisional Controller In WPA 26594 of 2025 Minati Biswas Vs. State of West Bengal & Ors. Mr. Debabrata Saha Roy, Sr. Advocate Mr. A. Paul ……. For the Petitioner Mr. Ram Chandra Agarwal Ms. Sulagna Sarkar ….For the State/Alleged Contemnor 1. The petitioner files exception to the affidavit of compliance dated 5th of August, 2026. 2. Heard the learned counsels for the parties. 3. The writ application in the present case was preferred praying for withdrawal of show cause cum suspension notice dated 27.12.2024 and 15.01.2025 issued by the Sub-Divisional Controller, Food & Supplies, Kalyani. 4. This Court in course of hearing, the writ application vide an order dated 28.11.2025 directed as follows: "It is submitted by the learned counsel for the petitioner that though the hearing was last conducted on 13th October, 2025, the next date is 2 fixed on 2nd December, 2025 and the authority intends to pass an order shortly. Considering that the petitioner prima facie and allegedly being a first time offender has been penalised with an order of suspension which prima facie under the provisions of law is not permitted. The authority concerned is directed to place its order through the learned counsel for the State on 4th December, 2025, in default, the concerned District Controller shall appear in person." 5. In this Court's order dated 05.12.2025 it has been recorded that the District Controller on complying with the Court's order dated 28.11.2025 passed an order dated 03.12.2025 wherein the District Controller directed as follows: "Now after careful consideration of all the materials and submissions, the penalty order of the Sub-Divisional Controller (F & S), Kalyani vide mето по. 338/SCF&S/KLY/2025 dated 31.07.2025 against the appellant Smt Minati Biswas is set aside, as the charges are not adequately substantiated due to the reason of not having proper, conclusive & justified evidence. The concerned Sub-Divisional Controller (F & S) Kalyani is directed to take necessary actions for reconciliation of the aforesaid stocks for the FPS of the appellant at the earliest. 3 All concerned are informed accordingly." 6. Considering that the District Controller had set aside the charge for want of sufficient evidence, this Court vide the impugned order set aside the suspension order which the District Controller due to inadvertence had forgotten to mention in his order and had specifically directed the Sub- Divisional Controller, Food & Supplies Kalyani as follows: "Accordingly, the suspension is recalled/revoked and the Sub-Divisional Controller (F & S), Kalyani is directed to comply with the order of the District Controller (F & S), Nadia as per order dated 03.12.2025, within a period of 10 days from the date of this order. Copy of the order dated 03.12.2025 be kept with the record." 7. In view of the observations as recorded by this Court in this order it is obvious that the alleged contemnor is expected to make allotment in favour of the petitioner as it was prior to the imposition of suspension order which has now been set aside. 8. Learned counsel for the petitioner submits that though at present the petitioner is running her FPS dealership, the compliance of the direction for the reconciliation has not been completed. 4 9. On hearing the parties and considering the affidavits of compliance filed along with the exception to the said affidavits, it appears that the alleged contemnor has submitted a report before this Court dated 28.07.2026 wherein it has been stated as follows: “The suspension in respect of Minati Biswas (WB3361193549) & her tagged account Minati Biswas A/c of B.K.Biswas (133601200028) was revoked/recalled vide Memo 637/SCF&S/KLY/MR/2025 dated 26.12.2025. However, Smt. Minati Biswas agreed to take the responsibilities of the FPS point of Minati Biswas (WB3361193549) & Minati Biswas A/c of B.K.Biswas (133601200028) after serving 4th Request letter to take FPS tagging vide Memo No. 231/SCF&S/KLY/MR/2026 dated 23.03.2026. Consequently, Minati Biswas (WB3361193549) & Minati Biswas A/c of B.K.Biswas (133601200028) started PDS operation with April-2026 entitlement of food grains from 02.04.2026. The Stock Reconciliation of Minati Biswas along with her tagged account B.K. Biswas was done on April-2026. The below mentioned points have been taken into consideration during the Stock Reconciliation. 5 1. Firstly, the Balance transferred by the FPS Dealer Sudip Saha during tagging is considered as opening balance. 2. Then the allocation of July-2022 which was physically received by Minati Biswas as well as doorstepped by distributor has been included. Minati Biswas was informed about the reconciliation of stock vide Memo No. 322/SCF&S/KLY/MR/2026 dt. 30/04/2026.” 10. Considering the said facts, it appears that the alleged contemnor has also complied with the second part of the order, as to stock reconciliation. As the Court cannot go beyond its order of which violation has been alleged, it appears that the order of which violation has been alleged has been complied with and there being no violation at this stage, the contempt proceedings is hereby dropped and disposed of. 11. CPAN 16 of 2026 is accordingly disposed of. 12. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after completion of all necessary formalities. ( Shampa Dutt (Paul), J.)