Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Cal) 690

IN THE HIGH COURT OF CALCUTTA
Rakesh Tiwari, Shivakant Prasad, JJ.
Gour Chandra Gorai and Ors. - Appellants
Vs.
State of West Bengal and Ors. - Respondents
ASTA 85 of 2016 in AST 328 of 2016, CAN 11816 of 2016 in MAT 2050 of 2016, CAN 11817 of 2016 in MAT 2051 of 2016, ASTA 86 of 2016 in AST 329 of 2016, ASTA 88 of 2016 in AST 332 of 2016, ASTA 89 of 2016 in AST 333 of 2016 and ASTA 90 of 2016 in AST 334 of 2016
Decided On : 19-05-2017

Advocates:
Advocate Appeared:
For the Appellants : Debabrata Saha Roy, Pingal Bhattacharya
For the Respondents: Kishore Dutta, Amitesh Banerjee, Suddhadev Adak

The court emphasized that the appellants had no legal right to challenge the State's policy decision, as it was taken at the top level of the administrative hierarchy and implemented through the subsisting statutory process.

Headnote:
Public Distribution System - West Bengal - Control Order, 2013 - Paragraph 20(ii) - The court dismissed the writ petitions challenging the vacancy declaring notice and the delinking of ration cards from the appellants' fair price shop. The court held that the State's policy decision to create new vacancies and appoint new dealers in the Jungle Mahal area, giving preference to self-help groups, was in the larger interest of the public. The court found that the appellants had no legal right to challenge the procedure and the directive principle of the State policy, as the decision was taken at the top level of the administrative hierarchy and then implemented through the subsisting statutory process.
Fact of the Case:

The appellants, fair price dealers, challenged the vacancy declaring notice and the delinking of ration cards from their fair price shop. The State's policy decision was to create new vacancies and appoint new dealers in the Jungle Mahal area, giving preference to self-help groups, in the larger interest of the public.
Finding of the Court:

The court found that the appellants had no legal right to challenge the procedure and the directive principle of the State policy, as the decision was taken at the top level of the administrative hierarchy and then implemented through the subsisting statutory process.
Issues: The issues involved the challenge to the vacancy declaring notice and the delinking of ration cards from the appellants' fair price shop, and the legality of the State's policy decision to create new vacancies and appoint new dealers in the Jungle Mahal area, giving preference to self-help groups.
Ratio Decidendi: The court held that the appellants had no legal right to challenge the procedure and the directive principle of the State policy, as the decision was taken at the top level of the administrative hierarchy and then implemented through the subsisting statutory process.
Final Decision: The court dismissed the writ petitions challenging the vacancy declaring notice and the delinking of ration cards from the appellants' fair price shop, and held that the State's policy decision to create new vacancies and appoint new dealers in the Jungle Mahal area, giving preference to self-help groups, was in the larger interest of the public.

JUDGMENT :

Shivakant Prasad, J.

1. The instant appeal is directed against the judgment dated 08.11.2016 passed in W.P. No. 31930 (W) of 2013 (Gour Chandra Gorai & Ors. v. The State of West Bengal & Ors.), inter alia, on the grounds that the learned Judge failed to understand the true scope and meaning of West Bengal Public Distribution System (Maintenance & Control) Order, 2013.

2. The brief facts of the case is that the appellants are the fair price dealers of the District of Paschim Medinipur and are running their business in fair price shop by virtue of their licenses granted under the West Bengal Public Distribution System (Maintenance & Control) Order, 2003 (hereinafter referred to as the Control Order, 2003) by the Food & Supply Department. Block Development Officer, Shalbani and Garbeta-II Block under the jurisdiction of Sub-Divisional Controller (F & S), Medinipur Sadar Sub-Division, Paschim Medinipur by two separate orders dated 18.7.2011 and 09.8.2011 instructed the appellants to open special counters/additional outlets for distribution of ration articles to the ration card holders for beneficiaries of people of Jungle Mahal and their ration cards were tagged with the respective F.P. shops of the appellants. Accordingly, the appellants started distribution of ration articles to their respective tagged card holders from those additional outlets and have been submitting returns showing segregated number of cards, temporarily attached to their respective additional outlets/special counters.

3. It is contented that in the aforesaid back drop while the appellants have been distributing ration articles to those temporarily segregated card holders from the newly set up additional outlets, Project Director, DRD Cell, Paschim Medinipur Zilla Parishad, by Memo dated 06.9.2012, instructed the B.D.O., Shalbani and Garbeta-II Block to select the self-help group for running those newly set up additional outlets of the appellants herein and by Memo No. 461/DCM(W)/13 dated 07.02.2013 District Controller F & S forwarded list of self-help groups for running 17 additional outlets in the District of Paschim Medinipur whose names were suggested by the Project Director, DRD Cell vide Memo No. 177/DRDC dated 12.10.2012 as per the approval of the District Magistrate, Paschim Medinipur.

4. Challenging the said memo the appellants as writ petitioners preferred writ being W.P. No. 6252(W) of 2013 and the writ court passed an interim order directing the respondents maintain status quo as regards supply of ration articles to the appellants vide order dated 04.3.2013 which was extended vide order dated 29.4.2013.

5. It is also contended by the appellants that during existence of such interim order, vide his order dated 02.9.2013 the District Controller was instructed to obtain proposal for creation of vacancies of F.P. Shop dealers in respect of those sub-centers of appellants from the concerned Sub-Division Controller F & S. District Controller F & S, Paschim Medinipur on 09.09.2013 directed Sub-Divisional Controller (F & S), Medinipur Sadar Jhargram to submit proposal as per the instruction of Joint Secretary, F & S. The District Controller, F & S, Paschim Medinipur submitted proposal for creation of vacancies of new F.P. shop dealer in place of appellants sub-centers with proposal for curtailment of 50% of ration card from the appellants shop, thereby instructing and directing that the 50% of tagged ration cards of the appellants are to be tagged with the newly appointed self-help groups. Sub-Divisional Controller (F & S), Midnapur Sadar, Jhargram invited application from bona fide citizen of Sub-Division, Self-help Groups, Registered Co-operative Societies, Semi Government Bodies, Group of Individuals as an entity of area/locality covered for filling up the vacancies of M.R. dealership (FPS) outlets constructed under IAP under Jungle Mahal, Midnapur Sadar Sub-Division at as many as eight places, indicating that self-help groups shall have the prefe

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2017 Supreme(Cal) 690

The court emphasized that the appellants had no legal right to challenge the State's policy decision, as it was taken at the top level of the administrative hierarchy and implemented through the subsisting statutory process.

Cases Referred (2)