LAWS(CAL)-2017-5-64

GOUR CHANDRA GORAI Vs. STATE OF WEST BENGAL

Decided On May 19, 2017
Gour Chandra Gorai Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 08.11.2016 passed in W.P. No. 31930 (W) of 2013 ( Gour Chandra Gorai & Ors. v. The State of West Bengal & Ors .), inter alia, on the grounds that the learned Judge failed to understand the true scope and meaning of West Bengal Public Distribution System (Maintenance & Control) Order, 2013.

(2.) The brief facts of the case is that the appellants are the fair price dealers of the District of Paschim Medinipur and are running their business in fair price shop by virtue of their liceses granted under the West Bengal Public Distribution System (Maintenance & Control) Order, 2003 (hereinafter referred to as the Control Order, 2003) by the Food and Supply Department. Block Development Officer, Shalbani and Garbeta-II Block under the jurisdiction of Sub-Divisional Controller (F & S), Medinipur Sadar Sub-Division, Paschim Medinipur by two separate orders dated 18.7.2011 and 09.8.2011 instructed the appellants to open special counters/ additional outlets for distribution of ration articles to the ration card holders for beneficiaries of people of Jungle Mahal and their ration cards were tagged with the respective F.P. shops of the appellants. Accordingly, the appellants started distribution of ration articles to their respective tagged card holders from those additional outlets and have been submitting returns showing segregated number of cards, temporarily attached to their respective additional outlets/special counters.

(3.) It is contented that in the aforesaid back drop while the appellants have been distributing ration articles to those temporarily segregated card holders from the newly set up additional outlets, Project Director, DRD Cell, Paschim Medinipur Zilla Parishad, by Memo dated 06.9.2012, instructed the B.D.O., Shalbani and Garbeta- II Block to select the self-help group for running those newly set up additional outlets of the appellants herein and by Memo No. 461/DCM(W)/13 dated 07.02.2013 District Controller F & S forwarded list of self-help groups for running 17 additional outlets in the District of Paschim Medinipur whose names were suggested by the Project Director, DRD Cell vide Memo No. 177/DRDC dated 12.10.2012 as per the approval of the District Magistrate, Paschim Medinipur.