- (1.) These writ applications are filed challenging the Government orders issued under memo nos. 1706-FS/Sectt./Food/4P-09/2012 (Pt-II) dated July 21, 2014 and 1707-FS/Sectt./Food/4P-9/2012 (Pt.-II) dated July 21, 2014, respectively. The aforesaid first Government order No. 1706-FS/Sectt./Food/4P- 09/2012 (Pt-II) dated July 21, 2014 (hereinafter referred to as the impugned first Government order) is issued by the Government of West Bengal in exercise of powers conferred under Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as the said Act, 1955) in cancellation of all previous orders and circulars on the subject providing for guidelines in respect of working capital / financial capacity of applicants at the time of filing applications in connection with filling up of vacancies of dealers/distributors, as the case may be, under the provisions of paragraph 20 or paragraph 26 of the West Bengal Public Distribution System (Maintenance and Control) Order 2013.
(2.) The aforesaid second Government order No. 1707-FS/Sectt./Food/4P- 9/2012 (Pt.-II) dated July 21, 2014 (hereinafter referred to as the impugned second Government order) is issued by the Government of West Bengal in exercise of powers conferred by Section 3 of the said Act, 1955 for making guidelines to be followed in respect of specification of godowns while inviting applications for new licences as also in case of renewal of licences of "Fair Price Shops and Distributors" (hereinafter referred to as FPS and Distributors), as the case may be.
(3.) The impugned first and second Government orders are issued while the applications of the writ petitioners for engagement as dealer or distributor, as the case may be, have been pending where inquiries are under process or already complete but approvals are yet to be obtained from the Government of West Bengal. The writ petitioners are directed to furnish fresh/revised documents before the respondent authorities after fulfillment of the conditions mentioned in the impugned first and second Government orders in respect of financial solvency and capacity of godowns for the purpose of further consideration of their applications.;