Back
MOUSHUMI BHATTACHARYA
Seikh Abdul Majed – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The challenge in these Writ Petitions is to a Scheme notified by the Department of Food and Supplies of the Government of West Bengal, for reaching ration to the doorstep of the consumer; named as the “West Bengal Duare Ration Scheme, 2021”. The words “Duare Ration” in Bengali translate to “ration at the doorstep” in English.
2. The petitioners are fair price shop dealers who seek a declaration that the Scheme is ultra vires the Constitution of India and for a writ of Mandamus on the State and the Director, Food Supplies Department, Government of West Bengal, to cancel the Scheme. The underlying ground of the challenge is essentially that the State cannot frame any Scheme in relation to distribution of ration items which is already occupied by a Central Government Order passed under the Essential Commodities Act, 1955 and the National Food Security Act, 2013.
3. Although the relief in the Writ Petition is in relation to Guidelines framed by the State for piloting the Duare Ration Scheme of 23rd September, 2021, the challenge was subsequently extended to the Duare Ration Scheme notified by the Government of West Bengal on 16th November, 2021 upon
The State Government exceeded the limit of delegation by obliging the Fair Price Shop dealers to distribute the rations to the beneficiaries at their doorstep in absence of any authority to that effe....
Essential Commodities - Duare Ration Scheme - Implementation of Scheme - In a democracy, it is prerogative of elected Government to follow its own policy - Unless any illegality is committed in execu....
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 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....
The court upheld the classification in the Public Distribution System (Control) Order, justifying the exclusion of private individuals from running fair price shops due to historical malpractices, wh....
The court upheld the validity of amendments regulating the public distribution system, ruling no fundamental rights were violated by limiting fair price shop allotments to three per agency.
The provisions of the Bihar Foodgrains Procurement Order, 1966 do not violate any fundamental rights or exceed the power conferred by Rule 125 of the Defence of India Rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
