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IN THE HIGH COURT AT CALCUTTA
ABHIJIT GANGOPADHYAY, J.
M/s. Sonai Food Marketing Pvt. Ltd. and Another – Petitioners
Versus
The State of West Bengal and Others – Respondents
WPA No. 4928 of 2021
Decided On : 30-04-2021
Distribution commodities - Distributorship licence of public - Public Distribution System - Petitioners harped on second reason of rejection which says that applications were invited only from self help groups etc. but petitioner No. 1/applicant was a company and as applications were not invited from any company, application of petitioner was rejected - Petitioner made submissions that a company comes within the meaning of the expression “group of individuals as an entity” and therefore a company was also eligible to apply for distributorship and rejection of its application for it being a company is illegal.
Finding of the Court:
Companies would not be allowed to apply for distributorship of Public Distribution Commodities. What has not been included directly by framers in said expression, cannot be held by this court as included indirectly in said expression - It is evident from above discussion that context shows that the framers of the 2013 Control Order (including its amendment in 2018) intended to use the expression “group of individuals as an entity” in its literal sense and not in its legal, special or technical sense.
Result: Writ Application dismissed.
JUDGMENT :
ABHIJIT GANGOPADHYAY, J.
1. This writ application is directed against an order dated 28th January, 2021 issued by the District Controller, Food and Supplies, Purba Bardhaman, whereby the application of the petitioners dated 20.08.2018 was rejected. The application dated 20.08.2018 was for Distributorship licence of public distribution commodities to the Fair Price Shops under the Public Distribution System.
2. For filling up vacancy of Distributorship under the West Bengal Public Distribution System (Maintenance and Control) order, 2013 (2013 Control Order, hereafter) in an area namely Surekalna, Jamalpur Block, in the District of Purba Bardhaman, office of the District Controller of Food and Supplies Department, Purba Bardhaman had published one notification dated 12.07.2018 (published in the Kolkata gazette dated July 23, 2018) relevant part of which was as follows:
3. The notification dated 12.07.2018 was superseded by a subsequent notification issued by the same office dated 03.01.2019. The first and third paragraph of the subsequent notification dated 03.01.2019 (published in the Kolkata Gazette on January 09, 2019) are required to be reproduced:
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“Now, therefore, it is notified for the general public that in supersession of the principal notification, application is invited from intending Self Help Groups/Registered Co-operative Societies/Semi-Government bodies/individuals/group of individuals as an entity for filling up the vacancy of distributorship in terms of clause 26(i) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 in Surekalna, Jamalpur Block in the district of Purba Bardhaman in prescribed proforma (From G) along with other requisite documents and Treasury Challan (showing deposit of requisite application fee) to be submitted in a sealed cover, superscribed “Appliction for engagement as Distributor in Surekalna, Jamalpur Block, in the district of Purba Bardhaman” to the office of the District Controller, food and Supplies, Purba Bardhaman during working hours on any working day within 30(thirty) days from the date of publication of the notification.”
4. In the said subsequent notification dated 03.01.2019 it was specified that the applicants who had applied earlier on the basis of the principal notification (i.e. notification dated 10.07.2018) might opt to consider their application under the subsequent notification on submission of an undertaking by them to the concerned District Controller, Food & Supplies within the last date of submission of application.
5. The petitioner's case is that in response to first notification (i.e. the principal notification) dated 17.07.2018 they applied for the vacancy in Surekalna, Jamalpur Block, in the district of Purba Bardhaman and in terms of the subsequent notification dated 03.01.2019 submitted the undertaking.
6. As there was delay in processing their application they filed writ application being WPO No. 360 of 2020 and in compliance wi
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