DURGA ENTERPRISE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In response to a vacancy notice published in the year 2005 for appointment of distributor, the petitioner No.1 being a partnership firm applied for the vacancy at Bhupatinagar within one kilometre from Block office of Bhagwanpur- II. The petitioner No.1 was found eligible and a license was issued in favour of the petitioner No.1 in 2009 to act as distributor for the location Bhupatinagar within one kilometre from Block Office of Bhagwanpur-II. Tagging of the Fair Price shops with the firm was made on 15th September, 2009. The petitioners are running the business from 2009 onwards and the license issued in favour of the petitioner No.1 was renewed from time to time by the respondents.

(2.) The petitioners are aggrieved by the number of ration cards which have been tagged with the private respondents. According to the petitioners only 20 dealers having 1,54,197 ration cards have been tagged with them, whereas the private respondent no. 4, Alaka Mandal, has 37 dealers with 2,81,460 ration cards and an additional load of seven dealers with 46,901 ration cards. Respondent no. 5, M/S. Ramkrishna Enterprise, has 41 tagged dealers with 2,96,504 ration cards with two additional dealers with 14,862 ration cards. Discrimination is alleged.

(3.) The petitioners' contention is that a distributorship becomes viable upon tagging of at least 2,50,000 ration cards. The petitioners rely upon a memo dated 13th April, 1999 issued by the Department of Food and Supplies, Government of West Bengal which mentions that the guidelines set out in the said memo is to be followed in respect of appointment, tagging and retagging of distributors, wholesalers and retailers in MR area. It mentions that not more than 2.5 lakh ration cards shall be tagged with an MR distributor.