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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
All Bengal Fair Price Shop Dealers’ Welfare Association – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SUBHENDU SAMANTA, J.
1. Petitioner No. 1 is a registered recognised association of fair price shop owners all over West Bengal and petitioner No. 2 is the general secretary of petitioner No. 1 and is a Fair Price Shop Owner. Petitioner’s challenge the constitutional validity of West Bengal targeted Public Distribution System (Maintenance and Control) Order, 2024, (shall referred to as “State control order 2024” hereinafter) as ultra viers to the provisions of Constitution of India.
2. Learned Advocate General appears on behalf of the State and raised point of maintainability. It is the submission of Learned Advocate General that a writ petition is not maintainable by a person who is not aggrieved. The association or the General Secretary of the association cannot be considered as an aggrieved party. Ld. Advocate General, further submits that association does not itself hold a FPS license under Control Order 2024. It is further argued that a writ petitioner can be said to be aggrieved only when any of his legal right is denied by someone who has a legal duty to do something or to abstain from doing something.
3. Learned Advocate General further argued that in the instant case
An association can challenge the validity of legislation affecting its members, as it constitutes an injury to its collective rights. The court affirmed that procedural rights must adhere to principl....
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....
A repeal of a Control Order extinguishes existing rights to selection processes under it, establishing that vested rights only arise upon completion of licensing.
Regulatory frameworks must ensure continuity in essential commodity distribution; Clause 17 of the 2025 Order preserving actions under the 2004 Order is valid to prevent operational vacuums.
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 court stressed the necessity of transparent and fair processes for licensing Fair Price Shops, affirming that government actions must comply with constitutional principles of equality.
The competent authority has the power to restore the authorization of a fair price shop dealer after suspension, and a temporary dealer has no locus standi to challenge the restoration of the authori....
A person must demonstrate a legal grievance to maintain a writ petition; mere disappointment does not confer locus standi.
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
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