- (1.) This appeal is directed against the judgment dated 7th January, 2010 ofthe learned Single Judge dismissing the writ petition filed by the appellant. The appellant had prayed for directions on the respondent-State authorities to select the appellant-writ petitioner as crusher of BPL wheat into fortified atta in the district of Birbhum and issue necessary allotment order of BPL wheat in favour of the writ petitioner.
(2.) By advertisement dated 3rd July, 2009 the District Controller, Food & Supplies, Birbhum invited applications in the following terms: "Applications are invited from bona fide flour mills/ chakki mills of Birbhum district who intend to convert BPL wheat into fortified atta for this District. The terms and conditions for selection will be in terms of G.O. No.5347-FS Sectt. Food 13A-06 07 dt. 10.08.07. Flour Mills/Chakki Mills should submit their application with supporting documents as required under G.O. No. referred above. Application will be received in the office of the District Controller (F&S), Birbhum upto 10.07.2009 till 5 p.m." The relevant portion of the guidelines dated 10th August, 2007 referred to in the advertisement reads as under: "3. Eligibility criteria for selection of flour mill(s)/chakki mill(s) under the scheme: i) In addition to the main wheat crushing machinery the mill should be equipped with cleaning machine (for cleaning of wheat before grinding). dozing machine (for premixing nutrients at appropriate dose) and automatic online/automatic packaging machines capable of packaging 750 gms of atta in properly labelled polypacks having thickness above 40 microns (to avoid wastage, contamination, short weightment and proper sealing). Priority will be given to flour mills /chakki mills having automatic online/automatic packaging machines. However if the number of automatic online/automatic packaging machines are insufficient in a district to pack the required allocation of wheat within the specified time for proper distribution, then as a special case and only for such time as the packaging capacity under automatic/automatic online packaging machine are not enhanced/increased in the flour mills/ chakki mills in a district semiautomatic packaging machines may be considered provided that they are capable of packaging the fortified atta within the required time while maintaining the relevant PFA standards/norms. But on no account are manual packaging machines to be considered as it would be difficult to monitor wastage, short weighment, contamination and ensure proper sealing." Thereafter the District Controller issued the order dated 24th July, 2009 in favour of M/s. Jai Loknath Flour Mills Private Limited and M/s. Maa Fullora Flour Mill, inter alia, in the following terms: "With reference to above, I am directed to say that you have selected flour mills of Birbhum namely (1) Jai Lokenath Flour Mills Private Ltd. (2) M/s. Maa Fullora Flour Mill for participating in the scheme of conversion of BPL wheat into fortified atta for distribution amongst the identified BPL beneficiaries in the district of Birbhum through PDS network. Out of total allocation of BPL wheat of 1837 M.T. per month for the district of Birbhum it has been proposed to be allotted among the above mentioned two flour mills for the scheme in the Birbhum district in accordance with capacities of the mills i.e. in the ratio of 190.8 flour mill-wise sub-allotment of BPL wheat for conversion into fortified atta per month will be as follows: SI. No. Name of the flour mills Quantity allotted 1. . Jai Lokenath Flour Mills Pvt. Ltd. 1737 M.T. 2. M/s. Maa Fullora Flour Mill 100 M.T. After consideration of the proposal Govt, has agreed to allot the said quota of BPL wheat to the above mentioned two flour mills for production of fortified atta with the request to obtain report every month from the DC F&S, Birbhum regarding the ratio of atta milled by each mill against the BPL wheat allocation given and No. of packets in 750 gms. sub-allotted to dealers. The flour mills so selected shall follow the policy of Govt, of India in respect of wheat flour under TPDS issued vide No.4-7/2005-Py, IV/PD-KPt) dt. 17.01.2008 followed by guidelines issued by the Govt, of West Bengal vide No. 5347-FS dated 10.8.2007. This order is issued provisionally for three months only. The SCF&S, Birbhum, shall check all the flour mills personally and report to the Govt, as to the milling capacity, packaging capacity etc. coupled with documents in support of the report. These reports and their performance is to be considered for assessing their further eligibility."
(3.) As far as the appellant is concerned, it had made the application by 10th July, 2009 when it did not have packaging and dozing machine. However, the petitioner thereafter wrote a letter dated 3rd August, 2009 to the District Controller (Annexure - B) in the following terms: "On 14/7/20091 had made an undertaking application for a packing machine and dozing machine for my mill. So the packing machine and dozing machine have been completely fitted. Hence I pray to you to make an enquiry in my mill." Accordingly the District Controller made inspection and made a recommendation in favour of the appellant. The appellant again sent representation dated 23rd November, 2009 requesting the authorities to empanel the appellant as atta chakki mill for distribution of fortified atta in PDS. Since the authorities did not respond to the said request positively, the appellant moved the learned Single Judge with the writ petition in which the following order was passed on 10* December, 2009: "As prayed for by Mr. Arun Kumar Deb, learned Counsel appearing for the respondents, put up this case on the 15th of December, 2009. In the meantime, the respondents shall not create any third party interest." On the very next day i.e. on 11th December, 2009 the Joint Secretary, Food & Supplies Department, Government of West Bengal issued a circular to the effect - "it has been decided to allot to all the selected flour mills/chaki mills in all the districts, except in district of Darjeeling for which a separate guidelines are being worked out. BPL wheat for a period of one year or until further orders from the date of this order, before which guidelines shall be issued in this regard".;