M/S.SONAI FOOD MARKETING PVT. LTD. Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-4-61
HIGH COURT OF CALCUTTA
Decided on April 30,2021

M/S.Sonai Food Marketing Pvt. Ltd. Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

ABHIJIT GANGOPADHYAY,J. - (1.) This writ application is directed against an order dated 28th January, 2021 issued by the District Controller, Food & Supplies, Purba Bardhaman, whereby the application of the petitioners dated 20.08.2018 was rejected. The application dated 20.08.2018 was for Distributorship licence of public distribution commodities to the Fair Price Shops under the Public Distribution System.
(2.) For filling up vacancy of Distributorship under the West Bengal Public Distribution System (Maintenance & Control) order, 2013 (2013 Control Order, hereafter) in an area namely Surekalna, Jamalpur Block, in the District of Purba Bardhaman, office of the District Controller of Food & Supplies Department, Purba Bardhaman had published one notification dated 12.07.2018 (published in the Kolkata gazette dated July 23, 2018) relevant part of which was as follows : "In pursuance of the approval of the Government in Food & Supplies Department, applications are invited from intending Self Help Groups/Registered Co-operative Societies/ Semi- Government bodies/ individuals/group of individuals as an entity for filling up the vacancy of distributorship in terms of clause 26(i) of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 in Surekalna, Jamalpur Block in the district of Purba Bardhaman".
(3.) The notification dated 12.07.2018 was superseded by a subsequent notification issued by the same office dated 03.01.2019. The first and third paragraph of the subsequent notification dated 03.01.2019 (published in the Kolkata Gazette on January 09, 2019) are required to be reproduced: "Whereas in pursuance of the approval of the Government in Food & Supplies Department, applications were invited from intending Self Help Groups/Registered Co-operative Societies/ Semi-Government bodies/individuals/group of individuals as an entity for filling up the vacancy of distributorship in terms of clause 26(i) of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 in Surekalna, Jamalpur Block in the district of Purba Bardhaman vide notification No.1517/DCF&S/EBDN/M.R/18 Dated 12.07.2018". ... ... ... ... ... ... ... ... ... ... ... ... ... "Now, therefore, it is notified for the general public that in supersession of the principal notification, application is invited from intending Self Help Groups/Registered Co-operative Societies/ Semi-Government bodies/individuals/group of individuals as an entity for filling up the vacancy of distributorship in terms of clause 26(i) of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 in Surekalna, Jamalpur Block in the district of Purba Bardhaman in prescribed proforma (From G) along with other requisite documents and Treasury Challan (showing deposit of requisite application fee) to be submitted in a sealed cover, superscribed "Appliction for engagement as Distributor in Surekalna, Jamalpur Block, in the district of Purba Bardhaman" to the office of the District Controller, food & Supplies, Purba Bardhaman during working hours on any working day within 30(thirty)days from the date of publication of the notification".;


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