Disposed¶19

Gobinda Dutta v. State of West Bengal and Ors.

Calcutta HC2 Feb 2026WPA/8565/2023

Case brief

AI extract

What is this about?

Gobinda Dutta; FPS dealer; FPS Code 133601800009; ration commodities; suspension revoked 02.05.2023; suspension imposed 29/11/2022; WPA 8565 of 2023; W.B.P.D.S (M&C) Order 2013; clause 18; clause 19(9)-(12); clause 24(ii); tagged ration cards 2645; Chupipota village; Krishnagar Nadia; Sub-Divisional Controller Food & Supplies; E-POS stock discrepancies; Area Inspector; Co-ordinate Bench order 13.04.2023; disposed as infructuous; Smita Das De, J.; Debabrata Saha Roy; Nilotpal Chatterjee

What did the court decide?

Since the entire proceeding has concluded, the suspension stands revoked, the petitioner continues to run the FPS dealership, and the State respondent raises no objection, WPA 8565 of 2023 is disposed of as infructuous. ¶19

Gobinda Dutta Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

¶1

02-02-2026 ct no. 10 Sl.2 RP

¶2

WPA 8565 of 2023 Gobinda Dutta

¶3

-Versus-

¶4

State of West Bengal & Ors..

¶5

Mr. Debabrata Saha Roy, Mr. Pingal Bhattacharyya, Mr. Subhankar Das

¶6

…for the petitioner

¶7

Mr. Nilotpal Chatterjee, Ms. Amrita Panja Mallick

¶8

The petitioner in the instant case submits that pursuant to the order dated 13.04.2023 passed by the learned Co-ordinate Bench of this Court the proceeding initiated by the authority concerned in respect of a complaint lodged by the villagers of the local area due to malpractices committed by the petitioner for not distributing the ration commodities to the villagers regularly as per scale.

¶9

Such proceeding has already been concluded and the order of suspension has been revoked by the respondent no. 5 on 02.05.2023. The

¶10

extract of the order is reproduced below:

¶11

“it has also been reflected in the Automation portal that he has transacted 81 families after 06:00 P.M. to 08:00 P.M., on 29/11/2022, i.e. on the date of suspension and beyond working hour of FPS. Which is contravention of clause 18 of W.B.P.D.S.(M&C) Control Order-2013.

¶12

Regarding stock discrepancies this is to mention here that as per the report of the Area Inspector weighment process has not been done and as per his report the FPS dealer has not cooperated and has not provided labour. Not only

¶13

¶14

that he has not provided Stock Register, Daily Sale Register at the time of inspection. He has also failed to produce relevant register at the time of hearing also. As a result the Area Inspector detected stock discrepancies on the basis of E-POS balance and cash Memo as provided to Gobinda Dutta for the month of December 2022. As per W.B.P.D.S. Control Order-2013 clause 19(9), Every dealer shall extend all sorts of cooperation to the officials for arranging physical certification of stock under any circumstances he or she shall have to arrange sufficient numbers of labourers for weighment of the stock. So that even minimum delay is avoided.

¶15

Thus it is evident that the FPS Dealer, (FPS CODE133601800009) Gobinda Dutta has contravened as per clause 19(9), (10), (11), (12) (18) of W.B.P.D.S (M&C) Order 2013 and has been habituated with misconduct regarding distribution of ration commodities properly. Hence a penalty by reducing the volume of business through reduction of tagged ration cards for entire Chupipota village to the tune of 2645 as on (02/05/2023) is being imposed upon him as per clause 24 (ii) of W.B.P.D.S (M&C) Order 2013 subject to the order of the Hon'ble High Court as the matter is sub judice. This is incompliance with the order of the Hon'ble High Court Dated 13/04/2023 in connection with WPA NO 8565 of 2023.

¶16

22/05/2013 Sub-Divisional Controller Food & Supplies Deptt. Krishnagar, Nadia. Dated :02/05/2023”

¶17

The learned Counsel for the petitioner submits that the matter has become infructuous since the entire proceeding has been concluded and the petitioner is continuing to run the FPS dealership.

¶18

The State respondent also does not object to the same.

¶19

Let this matter being WPA 8565 of 2023 is disposed of as infructurous.

¶20

(Smita Das De, J.)

Gobinda Dutta v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Gobinda Dutta v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Usha Rani Mishra (Panda) Vs State of West Bengal & Ors.

Indra Deo Vs Calcutta Municipal Corporation & Ors.

Haradhan Dey & Anr. Vs State of West Bengal & Ors.

M/S. Man Mohini and Sons and Ors. Vs the State of West Bengal and Ors.

Syed Sajuddin Vs Union of India and Ors.

Jasimuddin Sahaji Vs State of West Bengal and Ors.