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BIVAS PATTANAYAK
Nandigram Cooperative Marketing Society Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1. This writ petition is filed under Article 226 of the Constitution of India challenging the notification under Memo No.2049 FMR 13L-36/14/Part-(Pt-VI) dated 1st June, 2023 issued by the Director, Directorate of DDP & S, Government of West Bengal declaring vacancy of MR distributorship at Nandigram–II Block under Haldia Sub-Division.
2. The brief fact of the case is that the petitioner No.1 is the registered Cooperative Society within the meaning of West Bengal Cooperative Societies Act bearing registration No. 132 dated 31st January, 1961 and the petitioner No.2 is the Secretary of the said society. The petitioner No.1 is an MR distributor and it has been running the said business of MR distributorship covering Nandigram–I and II Blocks for more than 40 years and its licence has been renewed from time to time and it is valid till 31st December, 2023. On 1st August, 2019 the petitioners came to learn that a notification dated 5th July, 2019 has been issued by the District Controller, Food & Supplies, Purba Medinipur whereby it was informed that pursuant to the approval of the Government applications were invited from the intending self-help groups/regi
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.
Misuse of statutory power by the respondent authorities and the vitiation of the order dated April 8, 2015 by fraud.
Petitioner’s contest on the vacancy notification was found without merit due to subsequent actions taken regarding Dulal Mondal.
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.
Compliance with court orders, uniformity in vacancy notifications, and transparent selection process
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 main legal point established in the judgment is that the term 'group of individuals as an entity' includes juristic entities such as a company formed by a group of individuals, and the exclusion ....
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