ORDER

Krishna Rao, J. - The petitioners have filed the instant writ application praying for declaring the notification dt. 13.09.2021 amending Clause 18 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 as ultra vires to Essential Commodities Act, 1955, National Food Security Act, 2013, Central Control Order, 2015 and also Article 14, 19 (I) (g), 21 and 254 of the Constitution of India and also prayed for declaring the West Bengal Duare Ration Scheme, 2021 dt. 16.11.2021 as ultra vires to the Essential Commodities Act, 1955 and National Food Security Act, 2013, Central Control Order, 2015 and also Article 14, 19 (I)(g), 21 and 254 of the Constitution of India.

2. Mr. Saktinath Mukherjee, Ld. Senior Advocate appearing on behalf of the petitioners relied upon Section 3 and Section 5 of the Essential Commodities Act, 1955 and submits that the Central Government is having an authority for regulating and prohibiting the production, supply and distribution of essential commodities. The Ld. Senior Advocate further submits that under Section 5 of the Essential Commodities Act, 1955, the Central Government by way of notification delegates the power to the State but in the instant case, the Central Government has not delegated any power to the State of West Bengal. The Ld. Senior Advocate further submits that the impugned Notification dt. 13.09.2021 does not reveal that the Central Government has delegated the power to the State Government for issuance of the impugned notification.

3. The Ld. Senior Advocate for the petitioner relied upon the Public Distribution System (Control) Order, 2001 issued by GSR 630 (E) which reads as follows:-

Whereas the Central Government is of the opinion that it is necessary to expedient so to do for maintaining supplies and securing availability and distribution of essential commodities under Public Distribution System;

Now, therefore, the exercise of powers conferred by Section 3 of Essential Commodities Act, 1955 (10 of 1955), Central Government hereby makes the following order, namely:.

4. The Ld. Counsel for the petitioner relying upon the Control Order and submitted that in clause 7 of the said order, the licensing has been defined which reads as follows:-

7. Licensing:

(1) The procedure for issue of licenses or authorization to the fair price shops for the distribution of essential commodities under Public Distribution System and duties and responsibilities of the fair price shop owners shall be as per paragraph 5 of the Annexed to this Order.

5. The Counsel for the petitioner submits that on 31.08.2001 in exercise of power conferred under Section 3 of the Essential Commodities Act, 1955, the Central Government promulgated Public Distribution System (Control) Order, 2001 for maintaining, controlling and monitoring the Public Distribution System (hereinafter called as PDS) in all over India being GSR 630 (E).

6. The Ld. Counsel for the petitioner further submits that the State of West Bengal framed West Bengal Public Distribution System (Maintenance and Control) Order, 2013 (hereinafter called the Control Order, 2013) for rural areas of the West Bengal. The Ld. Counsel for the petitioner further submits that the State of West Bengal in exercise of power conferred under Section 3 of the Essential Commodities Act read with GSR 630 (E) dt. 31.08.2001 framed West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2013 for urban areas of the West Bengal.

7. The Ld. Counsel for the petitioner submits that the Central Government promulgated National Food Security Act, 2013 (hereinafter called NFSA, 2013). For implementation of NFSA, 2013 and for maintaining, controlling and monitoring TPDS, the Central Government in exercise of power under Section 3 of the EC Act, 1955 promulgated Targeted Public Distribution System (Control) Order, 2015 by superseding Public Distribution System (Control) Order, 2001 and specifying the terms and conditions of the rules/orders to