SK. MANOWAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have filed the instant writ application praying for declaring the notification dt. 13/9/2021 amending Clause 18 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 as ultra vires to Essential Commodities Act, 1955, National Food Security Act, 2013, Central Control Order, 2015 and also Article 14, 19 (I) (g) , 21 and 254 of the Constitution of India and also prayed for declaring the West Bengal Duare Ration Scheme, 2021 dt. 16/11/2021 as ultra vires to the Essential Commodities Act, 1955 and National Food Security Act, 2013, Central Control Order, 2015 and also Article 14, 19 (I)(g) , 21 and 254 of the Constitution of India.

(2.) Mr. Saktinath Mukherjee, Ld. Senior Advocate appearing on behalf of the petitioners relied upon Sec. 3 and Sec. 5 of the Essential Commodities Act, 1955 and submits that the Central Government is having an authority for regulating and prohibiting the production, supply and distribution of essential commodities. The Ld. Senior Advocate further submits that under Sec. 5 of the Essential Commodities Act, 1955, the Central Government by way of notification delegates the power to the State but in the instant case, the Central Government has not delegated any power to the State of West Bengal. The Ld. Senior Advocate further submits that the impugned Notification dt. 13/9/2021 does not reveal that the Central Government has delegated the power to the State Government for issuance of the impugned notification.

(3.) The Ld. Senior Advocate for the petitioner relied upon the Public Distribution System (Control) Order, 2001 issued by GSR 630 (E) which reads as follows:-