HIRALAL SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE dispute in these two writ petitions relate to appointment of a distributor for essential commodities in Gopinathpur in the district of Hooghly. At present, appointment of such distributors is guided by the provisions of the West Bengal Public Distribution System (Maintenance and Supply) Control Order, 2003 (the 2003 Order). Applications for this vacancy however was invited in the month of February 1981. At that point of time, selection of distributors were made through procedures laid down in terms of executive instructions. Such distributorship was originally termed as M.R. Distributorship, and the same term continues to be used now also to describe such distributors. THE writ petitioner in C.R. NO. 9951(W) of 1982 is one Hiralal Saha who lost out in the selection process. After applications were invited for appointment of distributors, Dulal Chandra Maity, who is the respondent no. 6 in that writ petition and the petitioner in W.P. No. 32042(W) of 2008 was initially selected. I shall refer to the two writ petitioners as H and D respectively in the later part of this judgment. I propose to dispose of both these writ petitions by this common judgment as the competing candidates for licence in respect of the said business are these two petitioners only, and there are many overlapping points involved in the two cases.

(2.) SELECTION of D has been challenged by H by filing the Writ Petition registered as C.R. No. 9951(W) of 1982. I shall refer to this proceeding henceforth as the first writ petition. The ground of challenge of Ds selection is that the latter had attracted disqualification specified in the application form itself, which prohibited applications by a relative of members of the Anchal Panchayat or Food Relief Committee. A copy of a notification, which appears to be in a standard form, has been annexed to the first writ petition, marked A. In the said standard form, the second part is entitled as Application Form, against which there are eight clauses. Clause 8 in such form stipulates that the application would not be accepted if the applicant is a member of the Anchal Panchayat or Food Relief Committee, or a relative of such members. Complaint of H is that D was the nephew of the upapradhan of Gopinathpur Anchal, being one Bata Krishna Pakira. At the initial stage, when this writ petition was moved, Rule was issued on 27th September 1982. An interim order was also passed restraining the respondents from giving effect to the order passed by the authorities concerned appointing D as an M.R. Distributor. D had filed an application for vacating the interim order and it was allowed on 23rd November 1983. The interim order was accordingly vacated on that date. But later on, when the matter appeared for hearing, on 23rd July 1985, the interim order was reimposed in substance, as the respondent no. 2 therein, being the Sub-divisional Controller was directed not to make any final appointment in respect of that distributorship except on ad-hoc basis, unless any third party was appointed. The writ petition again came up for hearing on 10th July 2000, and on that date none of the parties appeared before the Court when the matter was called on. The petition was dismissed for default, interim order vacated and Rule was discharged.

(3.) IN pursuance of such direction of this Court, D was directed to appear before the District Controller with the requisite documents. The documents which D was required to produce, as it appears from a memorandum dated 25th September 2008 issued by the District Controller, a copy of which had been made Annexure P12 to W.P. No. 32042(W) of 2008, were :- 1. Proof of Identity like Voter card, Ration card etc. 2. Order of S.C.F. & S. Hooghly Sadar regarding selection as M.R. Distributor. 3. Possession of the godown bearing Plot no.-2700, JL. No.-43, Khatian No.-404, Mauza-Gopinagar like land deed, Parcha etc. 4. Financial Capacity.