Aniruddha Bose, J. - (1.) This writ petition has been filed by the Secretaries of the West Bengal M.R. Dealers Association and the Secretary of the Malda unit of the same association. The association has amongst its members dealers having license to distribute public distribution commodities under the provisions of the West Bengal Public Distribution System (Maintenance & Control) Order, 2003 (referred to hereinafter the 2003 Control Order). In the writ petition what has been primarily challenged is an order issued by the Food Commissioner and Principal Secretary of the Government of West Bengal on 19th November 2007 in which reallocation of ration card holders tagged to individual kerosene dealers appointed under the 2003 Control Order as also the West Bengal Kerosene Control Order, 1968 (1968 Order) has been envisaged. A copy of this order has been made annexure "P7" to the writ petition. It is also the prayer of the writ petitioners that the persons who are not fair price shop owners having been granted license under the 2003 Control Order ought not be allowed to deal with super fine kerosene oil under the public distribution system on the basis of the licences issued to them under paragraph 6 of the 1968 Control Order. The respondent Nos. 5 and 6 represent the holders of license only under the 1968 Control Order.
(2.) It appears that so far as kerosene oil is concerned, which is distributed through the public distribution system, at present there are two types of dealers. One set of dealers operate through a regulatory mechanism provided under the West Bengal Kerosene Control Order, 1968 which is an Order promulgated under the provisions of Sec. 3 of the Essential Commodities Act, 1955 (the 'Act' in short). The other set of dealers, whose interest the petitioners are espousing, are dealers appointed under the 2003 Control Order, who deal with various other public distribution commodities along with kerosene oil. This category of dealers are also known as M.R. Dealers, being the short form of Modified Ration Dealers, the description by which they were known as when dealers of public distribution commodities were regulated through executive instructions and orders. Some of the dealers under 2003 control Order, it has been submitted before me by the learned Counsels appearing for the respondent Nos. 5 and 6, also hold license under the 1968 Control Order. The writ petitioners apprehend that substantial number of ration cards tagged to their members may be allocated to the dealers under the 1968 Control Order in this process of equitable distribution, which is being contemplated by the authorities.
(3.) The core argument of the petitioners is that the dealers under the 1968 Control Order became disentitled to conduct their business of sale of kerosene oil through the Public Distribution System upon coming into operation of the 2003 Control Order. When the writ petition was moved, it was urged on behalf of the petitioners that readjustment of the individual allocation of ration cards to the dealers under both the Control Orders were being contemplated and apprehension was expressed about reduction of large number of ration cards. At that stage, I had passed an interim order to the limited extent permitting the state authorities to continue with the examination with the status of individual dealers vis -a -vis the ration cards tagged to them, but I directed that if it was intended to delink the ration cards of any existing M.R. dealers who were members of the association represented by the petitioner No. 1 and 2, prior intimation of fifteen days was directed to be given to such individual dealers. This interim order was passed on 31st August 2008.;