NT AGRO FOOD PRODUCTS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2014-11-39
HIGH COURT OF CALCUTTA
Decided on November 17,2014

Nt Agro Food Products Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA, J. - (1.) THIS Mandamus Appeal is directed against the judgment and/or order passed by a learned  Single Judge of this Court on 22 July, 2014 in W.P. No.20911(W) of 2014 at the instance of the writ petitioner.
(2.) BY the impugned order, the appellants ' writ petition was dismissed. Let us now consider the legality and/or propriety of the impugned order in the facts of the instant case. The appellant No.1 is a partnership firm comprising of 3 partners being appellant Nos. 2, 3 and 4 respectively.
(3.) THE appellant No.2 is also M.R distributor under the West Bengal Public Distribution System (Maintenance & Control) Order, 2013. The appellant firm made an application for selection of Roller Flour Mills/Chakki Mill Operator for conversion of wheat (BPL/APL) into fortified atta/Whole meal atta pursuant to notice inviting application dated 4th September, 2013 issued by the respondent authority. The appellant No.1 was not selected by the respondent authority by applying the prohibitory Clause 15 of the notice inviting application as the appellant No.2, a partner thereof is already a distributor under the Control Order, 2013. For convenience of understanding we feel it necessary to set out Clause 15 of the said notice inviting tender as the fate of this appeal depends upon the interpretation of the said Clause 15 of the notice inviting application. Clause 15 of the notice inviting application reads as follows: - ''Any person as proprietor/partner/director holding M.R distributorship/dealership/licence shall not be entitled to apply for selection of his Roller Flour Mills/Chakki Mill in the above mentioned capacity under the scheme of conversion of wheat into atta ''. The learned Trial Judge, after taking into consideration the said prohibitory clause, held that when one of the partners held the distributorship under the Control Order, 2013 and had signed the application of the petitioner No.1/appellant No.1 firm as a partner thereof, the rejection of such application in view of Clause 15 cannot be said to be incorrect.;


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