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RAKESH TIWARI, SHIVAKANT PRASAD
Gour Chandra Gorai – Appellant
Versus
State of West Bengal – Respondent
Headnote: Read headnote
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 dist
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 subs....
The State Control Order, 2013 remains effective and is not rendered redundant by the NFSA, 2013 or TPDS Control Order, 2015 until full implementation of the NFSA is established.
The court upheld the classification in the Public Distribution System (Control) Order, justifying the exclusion of private individuals from running fair price shops due to historical malpractices, wh....
The court upheld the validity of amendments regulating the public distribution system, ruling no fundamental rights were violated by limiting fair price shop allotments to three per agency.
A repeal of a Control Order extinguishes existing rights to selection processes under it, establishing that vested rights only arise upon completion of licensing.
The court established that changes in law do not retroactively invalidate applications made under prior rules unless explicitly stated.
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