IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present: - Hon’ble Mr. Justice Subhendu Samanta.

IN THE MATTER OF WPA 27453 of 2024 All Bengal Fair Price Shop Dealers’ Welfare Association & Anr.

Vs.

The State of West Bengal & Ors.

For the Petitioners : Mr. Debabrata Saha Roy, Sr. Adv., Mr. Pingal Bhattacharyya, Adv.

Mr. Subhankar Das, Adv.

For the State : Mr. Kishore Datta, Ld. Adv.Gen.

Mr. Sirsanya Bandopadhyay, Ld. Sr. -

Standing Counsel., Md. Ritesh Kr. Ganguly Adv.

Reserved on : 16.07.2025 Judgment on : 26.09.2025 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 n