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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