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2022 Supreme(Cal) 998

KRISHNA RAO
Sonai Food Marketing Pvt. Ltd. – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Kalyan Bandyopadhyay, Advocate, Ram Anand Agarwal, Advocate, Nibedita Pal, Advocate, Ramesh Dhara, Advocate, Ananda Gopal Mukherjee, Advocate, Sonam Ray, Advocate, Saurabh Kumar Das, Advocate, Susovan Sengupta, Advocate, Subir Pal, Advocate

JUDGMENT

Krishna Rao, J. - The petitioner has challenged the order passed by the Secretary, Food and Supplies Department dated 11 May, 2021, wherein the application of distributorship filed by the petitioner, M/s. Sony Food Marketing Pvt. Ltd. was rejected.

The State Government published the public distribution system (Maintenance and Control Order), 2013 by a Notification dated 8th august, 2013, in exercise of power conferred under Section 3 of the Essential Commodities act, 1955.

Paragraph 26 of the order provides for engagement of distributor and Paragraph 26(ii) of the order provides for declaration of a new vacancy for better functioning of public distribution in a particular area with the approval of the department.

Declaration of vacancies, the concerned Sub-Divisional Controller, Food and Supplies is required to submit a proposal to the concerned District Controller, Food and Supplies who will send the same to the District, District Distribution, Procurement and Supplies with the opinion of the concerned District Magistrate and the Director shall send the same to the State Government with his specific views for consideration.

as per Paragraph 26 (ii) (a) of the order provides th

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