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2016 Supreme(Online)(Cal) 7

CALCUTTA HIGH COURT
, J
Tapan Sen v. State of West Bengal and Others


Advocates:
For the Appellants/Petitioners: Mr. Saha Roy, Mr. Bandopadhyay
For the Respondents: Mr. Sengupta

Table of Content
1. determination of validity of control orders (Para 1 , 2)
2. petitioners' claim based on previous directives (Para 3 , 4)
3. argument against retrospective application of statutory instruments (Para 5 , 6 , 7 , 8 , 9)
4. vested rights arising from administrative recommendations (Para 10 , 11 , 12)
5. nature of authority's obligations in statutory processes (Para 13 , 14 , 15)
6. effect of repealing legislation on existing orders (Para 16 , 17)
7. rights based on previous court directions (Para 18 , 19 , 20)
8. examination of prior applications under changed statutes (Para 21 , 22 , 23)
9. conclusions on petitioners' claims and rights (Para 24 , 25 , 26 , 27 , 28 , 29)

1. The point which primarily falls for determination in this batch of writ petitions is the question as to whether a process of selection initiated under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 but not completed can survive and be guided by the said Control Order, subsequent to the promulgation of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. Both these Control Orders have been made under the Essential Commodities Act, 1955 . The wr































































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