The main legal point established in the judgment is that the rejection of an application for distributorship should be based on valid and sustainable grounds in accordance with the legal framework, and subsequent submission of required documents should be considered if acted upon by the authorities without objection.

JUDGMENT :

1. This writ petition is directed against the Order passed by the District Controller, Food and Supplies, Murshidabad dt. 29.01.2021 wherein the application of the petitioner for the Distributorship against the vacancy Notification No. 2017/DCFS/MSD/2018 dt. 13.07.2018 at Hariharpara (East) was rejected.

2. The District Controller, Food and Supplies, Murshidabad had invited applications 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 Hariharpara Block, Hariharpara (East) at Swaruppur, Murshidabad on 13.07.2018.

3. In terms of the said notification dt. 13.07.2018, the petitioner has submitted an application on 20.08.2018 in Form “G” in the Office of the District Controller, Food and Supplies, Murshidabad by enclosing all the requisite documents along with application fee. After receipt of the applications, the authorities have forwarded the same to the Sub-Divisional Controller, Food and Supplies, Berhampore to cause enquiry. On 11.03.2019 notice was issued for spot inspection and on 14.03.2019/15.03.2019, spot enquiry and inspection was conducted and have also taken the measurement of the godown of the petitioner. Inspite of enquiry and inspection no decision was taken by the authorities and accordingly, the petitioner had moved a writ application before this Court in WP No. 15661 (W) of 2019 and the said writ petition was disposed of on 13.08.2019 by the Coordinate Bench of this Court, directing the Principal Secretary to expedite and conclude the process within 2 months.

4. On 31.08.2019, the District Controller, Food and Supplies had sent a cheque of Rs. 5,000/- to the petitioner stating that the payment made by the petitioner for submission of application is refunded. Subsequently, the petitioner came to know that many vacancies in different districts including the vacancies at Hariharpara Block have been cancelled by the authorities by an order dt. 07.08.2019 accordingly, the petitioner had again filed a writ petition being WPO NO. 362 of 2020 challenging the order dt. 07.08.2019 and order dt. 22.11.2019. The writ petition was disposed of by the Coordinate Bench of this Court on 22.12.2020 by directing the respondent authorities to process the application of the petitioner for engagement of distributor in the respective Block and to communicate the decision to the petitioner within six weeks. After the order passed by the Coordinate Bench of this Court, the District Controller, Food and Supplies had issued an order on 29.01.2021 by rejecting the application of the petitioner on the following reasons:-

“1) M/S Sonai Food Marketing Pvt. Ltd. is a Private Limited Company in nature which contravenes Para- 1 of the vacancy Notification No. 2017/DCFS/MSD/2018 dated 13.07.2018 and applications were invited only from the intending Self Help Group/Registered Co-operative Societies/Semi-Gov. bodies/Individuals/Group of individuals as an entity.

It transpires that the address of the Registered office of M/S Sonai Food Marketing Pvt. Ltd. is 24/1, Bethun Row, Kolkata- 700006. Neither the company has any address nor any of the Directors of the Company has a permanent residential address in the district and thus the applicant contravenes eligibility criteria number 2 of the vacancy notification.

(2) On examination of the application of M/s Sonai Food Marketing Pvt. Ltd. it is found that Sri Tamal Kundu, Director and authorized signatory of the company submitted application on 20.08.2018 enclosing most of the documents except Lease agreement and land conversion certificate which were supposed to be submitted alongwith the application as per the vacancy notification. Although, he submitted both the documents later as per provision of N.B. of the said application format.

(3) Further, Sri Kundu, Director and authorized signatory of the company mentioned in application Form-G at para-12 the size of the godown and nature of posse