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HIRANMAY BHATTACHARYYA
National Consumers Cooperative Stores Ltd. – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Hiranmay Bhattacharyya, J. - This writ petition is at the instance of a co-operative society praying for a writ in the nature of mandamus to set aside the Memo dated May 12, 2015 issued by the respondent no. 5 and for setting aside the Memo dated April 8, 2015 issued by the Deputy Secretary, State of West Bengal and for prohibiting the respondents not to fill up the vacancy declared vide vacancy notice dated 12.05.2015.
2. The facts leading to the filing of the instant writ petition is as follows:-
A notification dated March 23, 2007 was issued by the District Controller, Food and Supplies, Murshidabad declaring the vacancy for new M.R. Distributorship at Chowki-Mouza under Bewa-II Gram Panchayat in the District of Murshidabad and applications were invited from the intending parties. Petitioner as well as other intending candidates submitted their applications for obtaining M.R. Distributorship. The Sub-Divisional Controller issued a Memo dated September 29, 2008 informing the petitioner to remain present on October 16, 2008 for holding enquiry of the godown. Petitioner claims to be present on October 16, 2008 and the inspection team made enquiry with regard to the fulfilment
Misuse of statutory power by the respondent authorities and the vitiation of the order dated April 8, 2015 by fraud.
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 rejection of applications for distributorship based on criteria not included in the statutory framework is ultra vires and violates principles of natural justice.
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 established that the conditions added in the new vacancy notice were ultra vires and violated the principles of natural justice.
The court established that changes in law do not retroactively invalidate applications made under prior rules unless explicitly stated.
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....
A writ petition challenging the appointment of a fair price shop dealer on compassionate grounds is not maintainable if the petitioner does not have a judicially enforceable right and the authorities....
The central legal point established in the judgment is the requirement for transparency and accountability in the decision-making process by the State authorities, especially in cases where specific ....
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