Calcutta High Court (Appellete Side)
WP/3315W/2020 on 20 February, 2020
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
1
U/L
20.02.2020
jb.
W.P. 3315(W) of 2020
Mr. Kalyan Kr. Bandyopadhyay
Mr. Ram Anand Agarwal
Ms. Nibedita Pal
Mr. Ramesh Dhara
Mr. Ananda Gopal Mukherjee
.... For the Petitioners
Mr. Amitesh Banerjee
Mr. Joydip Banerjee
.... For the State
It is submitted on behalf of the petitioners that the Salt
Commissioner being the respondent No. 5 is going to take
immediate steps for allotment of rakes under the programme of sponsorship by 24 February, 2020. Hence, the urgency in this matter. In view of the aforesaid facts as pleaded in paragraph 30 of the petition, I am satisfied as to the urgency of the matter and the matter is taken up for hearing by treating the same as on the day's list.
The grievance of the petitioners is directed against the wrongful exclusion of the petitioners from the Recommended List for allotment to be sponsored by the Salt Commissioner. It is alleged on behalf of the petitioners that the petitioners are 2 carrying on business of import of salt and the grievance of the petitioners pertains to non-consideration of their names for allotment of salt. It is also alleged on behalf of the petitioners that by an e mail dated 23rd December, 2019 the Government of West Bengal, Food and Supplies Department had inter alia, informed the petitioners that they were to submit a self- declaration form to the effect that they would utilise their allotment within the time prescribed by the Salt Commissioner. By the said communication the petitioners were also directed to submit proof of payment for the import made by the petitioners. It is alleged in the petition that the petitioners were not aware of the communication dated 23rd December, 2019 and only came to learn of it sometime in January, 2020. Pursuant to such knowledge the petitioners have by a letter dated 27th January, 2020 furnished to the Director, Food and Supplies Department the requisite documents.
Mr. Amitesh Banerjee, Advocate appearing on behalf of the respondent authorities submits that the decision to make allotment has already taken place and partial allotment has already been made by the respondent authorities. He further submits that the case of the petitioners was not considered only because of their failure to provide the documents within 3 the stipulated time period. Upon instructions, he submits only partial allotment has been made in respect of the second quarter of 2018-19 and the balance allotment is yet to be provided. He submits that the respondent authorities are not averse to consider the case of the petitioners in accordance with law. He submits that in respect of the balance allotment for the second quarter 2018-19 the petitioners may be considered in accordance with law if they otherwise qualify under the prescribed Rules and Regulations.
In view of the submissions made on behalf of the parties and after having considered the pleadings, I am of the view that the petitioners having furnished the requisite documents on 27th January, 2020, the name of the petitioners for sponsorship be considered by the respondent authorities for the balance allotment for the second quarter 2018-19 in accordance with law.
I make it clear that nothing in this order will be considered as being a decision on the merits of the case of the petitioners for the balance allotment to be considered by the Authorities which the respondent authorities will consider in accordance with law.
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With the aforesaid directions, W.P. 3315(W) of 2020 stands disposed of.
Since no affidavit has been filed by the respondents the allegations contained in the petition are not admitted.
There will be no order as to costs.
Photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Ravi Krishan Kapur, J.)