Hutmura Co-Operative Society, Represented by Its Secretary Sri Kenaram Ojha Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Hutmura Co-Operative Society, Represented by Its Secretary Sri Kenaram Ojha Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 4 (Sub Divisional Controller, Food and Supplies, Purulia (Sadar)) to dispose of the petitioner's representation dated 3rd January, 2025 within 6 weeks from communication of the order, after affording an opportunity of being heard with documents and communicating a reasoned order within 2 weeks thereafter, in accordance with law and uninfluenced by any observation of the court.

Issue for consideration

Whether the Sub Divisional Controller, Food and Supplies, Purulia (Sadar) (respondent no. 4) should be directed to take a decision on the petitioner's representation dated 3rd January, 2025 seeking transposition of the FPS licence into his individual name.

Court's answer

The writ application is disposed of with a direction to the Sub Divisional Controller, Food and Supplies, Purulia (Sadar), respondent no. 4, to dispose of the representation dated 3rd January, 2025 within a period of 6 weeks from communication of the order.

Ratio / Principle

Respondent no. 4 shall allow proper opportunity of being heard to the petitioner along with necessary documents and shall pass a reasoned order, to be communicated to the petitioner within 2 weeks thereafter.

Key takeaways

This Court has not entered into the merit of the matter; the merits remain expressly open.obiter¶17
Respondent no. 4 shall dispose of the representation dated 3rd January, 2025 in accordance with law without being influenced by any observation of the court.ratio¶18
As affidavits were not exchanged, the allegations contained in the writ petition are deemed not to be admitted.obiter

Detailed headnote1 paragraphs

Writ petition (WPA 4160 of 2025, Calcutta High Court, Subhendu Samanta, J., decided 26.03.2025): The petitioner, running a fair price shop (FPS) business as Hutmura Co-operative Society, submitted a representation on 3rd January, 2025 to the Sub Divisional Controller, Food and Supplies, Purulia (Sadar) (respondent no. 4) for transposition of the licence into his own name in individual capacity; the representation was not considered. Disposing of the writ application without entering into the merits, the Court directed respondent no. 4 to dispose of the representation within 6 weeks of communication of the order, allowing the petitioner a proper opportunity of being heard with documents and requiring a reasoned order to be passed and communicated within 2 weeks thereafter, in accordance with law and without being influenced by any observation of the court. Allegations in the writ petition were deemed not admitted as affidavits were not exchanged.

26.03.2025

Ct.No. 24 Sl.No. 18 Amalranjan

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

WPA 4160 of 2025

Hutmura Co-operative Society

VS

The State of West Bengal and ors.

Mr. Sougata Mitra Mr. Nikhil Kr. Gupta Mr. Subhadeep Maitra Ms. Subhasri Chatterjee

…for the petitioner Mr. Arjun Roy Mukherjee Ms. Rajyashree Mukherjee

…for the State respondents

The petitioner is running a FPS business under the name and style of Hutmura Cooperative Society. On 3^rd January, 2025 he submitted a representation with the Sub Divisional Controller, Food and Supplies, Purulia (Sadar), Post office and District – Purulia for transposition of the licence in his own name in individual capacity. The said representation was not considered. Hence, this writ petition.

Learned advocate for the petitioner submits that the concerned Sub Divisional Controller, Food & Supplies may be directed to take a necessary decision.

Having heard the learned counsel for the parties, the instant writ application is disposed of with a direction to the Sub

2

Divisional Controller, Food and Supplies, Purulia (Sadar) being the respondent no. 4, to dispose of the representation dated 3^rd January, 2025 within a period of 6 weeks from the date communication of this order.

The respondent no. 4 shall allow proper opportunity of being heard to the petitioner along with necessary documents if he intends to file at the time of hearing and shall pass a reasoned order which shall be communicated to the petitioner within a period of 2 weeks thereafter.

I make it clear that this Court has not entered into the merit of the matter.

The respondent no. 4 shall dispose of the representation dated 3^rd January, 2025 in accordance with law without being influenced by any observation of the court.

As affidavits were not exchanged, the allegations contained in the writ petition are deemed not to be admitted.

The writ petition stands disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Subhendu Samanta, J. )