Calcutta High Court (Appellete Side)
Calcutta A.R. Lifter Association & Anr vs State Of West Bengal & Ors on 3 April, 2024
03.04.2024 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CONSTITUTIONAL WRIT JURISDICTION
Sl. Nos.10 (Appellate Side)
ss ,,
WPA 8805 of 2024
,
Calcutta A.R. Lifter Association & anr.
Vs.
State of West Bengal & Ors.
Mr. Krishnendu Bera
..for the petitioners
Mr. Tanoy Chakraborty
Mrs. Jeyeta Mitra (Kaunda)
..for the State
Affidavit of service filed by the petitioners is taken
on record.
The petitioners in the present writ petition have
challenged the notifications dated 1st March, 2024 (pages
62 to 101 to the writ petition) issued by the respondent
no.3, the Director of Rationing, Food & Supplies Department, Government of West Bengal for engagement of wholesaler under the West Bengal Urban Public Distribution System (Maintenance & Control) Order, 2013 (hereinafter referred to as 'the Control Order, 2013').
The petitioner no.1 is an Association registered under the West Bengal Societies Registration Act, 1961 and the petitioner no.2 is the Joint Secretary of petitioner no.1-Association. The members of the Association are engaged in transportation of public distribution commodities from the godown of the Food Corporation of India and deliver the same to the respective fair price shops engaged and/or licensed under the Control Order, 2 2013. The petitioners being engaged and/or allowed by the concerned authority to continue with their activities of transportation of such commodities have become part and parcel of rationing system as well as the public distribution system for a long span of time. With the coming into force of National Food Security Act, 2013, the 'authorised agency' is to lift the foodgrains and supply it to the dealers. The Government of West Bengal passed order on 10th April, 2023 appointing West Bengal Essential Commodities Supply Corporation Limited (hereinafter referred to as 'the WBECSC Ltd.') as the 'authorised agent' to lift the foodgrains from the godown of the Food Corporation of India Limited for supply it to the dealers. However, in spite of such appointment of the authorised agent, the respondent no.3, Director of Rationing, Government of West Bengal has notified vacancy of wholesaler, which is arbitrary and illegal on the face of it. Being aggrieved by such notifications for engagement of wholesaler, the petitioners have filed the present writ petition for cancellation of such notifications.
Mr. Krishnendu Bera, learned Advocate for the petitioners submits that in terms of Clause 2(g) of the Targeted Public Distribution System (Control) Order, 2015, the Additional Secretary to the Government of West Bengal, Food & Supplies Department has engaged the WBECSC Ltd. as the 'authorised agent' for arranging doorstep delivery of the foodgrains at the fair price shops 3 end from the designated godowns. In spite of such order, the respondent no.3 has issued vacancy notification for engagement of wholesaler, which is not sustainable. The members of the Association in Writ Petition No.22633 of 2023 were given liberty to take part in the e-tender that will be floated by the 'authorised agent' namely, the WBECSC Ltd. for appointment of transportation-cum- handling contractors for doorstep delivery of foodgrains to Fair Price Shops. The engagement of the wholesaler will affect the right of the petitioners so far as the transportation of foodgrains to the fair price shops are concerned. With the promulgation of the National Food Security Act, 2013 and Targeted Public Distribution System (Control) Order, 2015, the earlier Control Order, 2013 under which the vacancy has been declared has become infructuous. The Targeted Public Distribution System (Control) Order, 2015 does not provide for appointment of wholesaler. In light of his aforesaid submissions, he prays for recession and/or cancellation of the vacancy notifications issued by respondent no.3 dated 1st March, 2024 for engagement of wholesaler.
In reply to the contentions raised on behalf of the petitioners, Mr. Tanoy Chakraborty, learned Advocate for the State-respondent submits that the petitioners are engaged in transportation of Public Distribution System materials under a private arrangement and such arrangement is not an outcome of any rules in force or 4 any mandate of the Government. The order dated 24th February, 2016 (annexed to the writ petition at page 43) of the Principal Secretary, Food & Supplies Department, Government of West Bengal has never been challenged, which clearly observes that the petitioners are engaged through a private arrangement with the dealer. Thus, the petitioners have got no locus to challenge such vacancy notifications since there is no violation of any statutory right of the petitioners. In light of his aforesaid submission, he prays dismissal of the writ petition.
Admittedly, the petitioners are engaged as transporters for supply of foodgrains from the godown to the dealers as per the arrangement made with the dealers. Such arrangements are neither a result of any rules or mandate of the government nor they are appointed by the government. The petitioners in the writ petition being WPA 22633 of 2023 was granted liberty to take part in e-tender which will be floated by WBECSC Ltd., the authorised agent for appointment of transportation-cum-handling contractors for doorstep delivery of foodgrains to Fair Price Shops. Such being the position, the vacancy declared by the respondent no.3, the Director of Rationing, Food & Supplies Department Government of West Bengal for engagement of wholesaler does not affect any statutory right of the petitioners, who precisely are transporters, engaged through a private arrangement with the dealers. Therefore, the petitioners 5 do not have any locus to maintain the present writ petition.
In view of the above discussion, the writ petition being W.P.A. 8805 of 2024 stands dismissed.
All connected applications, if any, stand dismissed. There will be, however, no order as to costs. Interim order, if any, stands vacated.
All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of necessary legal formalities.
< (Bivas Pattanayak, J.)