SEIKH ABDUL MAJED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in these Writ Petitions is to a Scheme notified by the Department of Food and Supplies of the Government of West Bengal, for reaching ration to the doorstep of the consumer; named as the "West Bengal Duare Ration Scheme, 2021 ". The words "Duare Ration " in Bengali translate to "ration at the doorstep " in English.

(2.) The petitioners are fair price shop dealers who seek a declaration that the Scheme is ultra vires the Constitution of India and for a writ of Mandamus on the State and the Director, Food Supplies Department, Government of West Bengal, to cancel the Scheme. The underlying ground of the challenge is essentially that the State cannot frame any Scheme in relation to distribution of ration items which is already occupied by a Central Government Order passed under the Essential Commodities Act, 1955 and the National Food Security Act, 2013.

(3.) Although the relief in the Writ Petition is in relation to Guidelines framed by the State for piloting the Duare Ration Scheme of 23rd September, 2021, the challenge was subsequently extended to the Duare Ration Scheme notified by the Government of West Bengal on 16th November, 2021 upon the Learned Advocate General producing a copy of the Scheme during the course of hearing. The petitioners thereafter extended the challenge to the Scheme by way of a Supplementary Affidavit followed by a response filed by the State. Counsel have restricted the challenge only to the question of law.