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BIVAS PATTANAYAK
Nabin Chandra Halder – Appellant
Versus
State of West Bengal – Respondent
Headnote: Read headnote
JUDGMENT :
Bivas Pattanayak, J.
1. The sole issue raised in the present writ petition is whether with the promulgation of National Food Security Act, 2013 and Targeted Public Distribution System (Control) Order, 2015 of the Central Government, the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 has become redundant.
2. Similar issue fell for consideration in W.P.A. 22281 of 2022 and other batch of writ petitions, decided on 2nd August, 2024, wherein it has been held that the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 is effective and not redundant upon promulgation of National Food Security Act, 2013 and Targeted Public Distribution System, 2015 of the Central Government.
3. In the aforesaid backdrop, the writ petition being no. W.P.A. 7390 of 2024 stands dismissed.
4. All connected applications, if any, stand disposed of.
5. Interim orders, if any, stand vacated.
6. Urgent certified copy of the order, if applied for, be given to the parties upon com
State-level public distribution regulations remain valid and effective even after the introduction of national food security legislation, unless explicitly stated to be superseded.
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 upheld that the notification for MR distributorship vacancy complied with the procedural requirements of the Control Order, dismissing the writ petition for lack of evidence.
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....
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