SAMAPTI CHATTERJEE,J. - (1.) The petitioners filed the present writ petition for the following reliefs :- a) A Writ in the nature of Mandamus, commanding the respondents, each one of them, their servants, agents and/or assigns to rescind, cancel and/or withdraw the vacancy declaring notice of M.R. Distributorship at near Pandua Railway Station, Pandua under Pandua Block in the District of Hooghly vide notification dated 24.01.2019, issued by the District Controller (F and S), Hooghly, forthwith ; b) A Writ in the nature of Mandamus, commanding the respondents, each one of them, their servants, agents and/or assigns not to delink any dealers and ration cards from the Distributorship of the petitioners; c) A Writ in the nature of Certiorari do issue directing the respondents to transmit the entire records of the case forming the basis of proposal of the District Controller (F and S), Hooghly dated 30.05.2018, to this Hon'ble Court and to certify them and on being so certified, quash the same so that conscionable justice may be administered to the parties; d) A Writ in the nature of Prohibition do issue prohibiting the respondents from proceeding further pursuant to the vacancy notice dated 24.01.2019, issued by the District Controller (F and S), Hooghly, in any manner whatsoever; e) Rule NISI in terms of prayer (a), (b), ( c ) and (d) as above; f) An order do issue staying the operation of the vacancy notice dated 24.01.2019 issued by the District Controller (F and S), Hooghly declaring vacancy for appointment of M.R. Distributor at near Pandua Railway Station, Pandua under Pandua Block in the District of Hooghly; g) An order do issue restraining the respondents from delinking any dealers and ration cards from the Distributorship of the petitioners; h) Ad-interim order in terms of prayer (f) and (g) as above; i) And to pass such further order or orders as to your Lordships may deem fit and proper.
(2.) The petitioners' case in a nutshell is as follows :- Earlier in the year 1975-76 there were two M.R. Distributors operating in the area of Hooghly Sadar and accordingly allotments were made in favour of said two distributors namely (a). Panchanan Sarkar and (b). M/S. Pandua Large Size Primary Co-operative Agricultural Society Ltd. as per advice list of Sub-Divisional Controller (Food and Supply), Hooghly Sadar dated 15.09.1975 and 11.10.1976 respectively. There were total 64 dealers and out of said 64 dealers 33 dealers were tagged with distributor namely Panchanan Sarkar and other 31 dealers were tagged with the distributor namely M/S. Pandua Large Size Primary Co-Operative Agricultural Society Ltd. Thereafter one of the distributor namely M/s. Pandua Large Size Primary Co-Operative Agricultural Society Ltd tagged with those 31 dealers stopped functioning and its 31 dealers were then tagged with the other distributor namely Sri Panchanan Sarkar and the tally of Sri Panchanan Sarkar reached (33+31) i.e. a total of 64 dealers. After the death of Panchanan Sarkar the petitioners as partners had jointly been appointed as M.R. Distributor in the year 1998. On 27th July, 2014 the Commissioner of Food and Principal Secretary issued two memos enhancing the godown capacity and working capability and the petitioners duly fulfilled the criteria. Accordingly on 20th December, 2015 Chief Inspector (F and S) Hooghly submitted a report. Subsequently review meeting was held on 19th May, 2018. In the said meeting it is decided that existing provision of tagging 2.5 lakh ration cards are to be followed. On 30th May, 2018 on the basis of the report of Sub Divisioal Controller (F and S) Hooghly, Sadar District Controller (F and S) Hooghly made a proposal to Director DDP and S for declaration of resultant vacancy at Pandua Station Hooghly delinking 25 dealers and 1,31,280 ration cards from petitioners distributorship. Pursuant thereto on 9th January, 2019 Additional Secretary Government of West Bengal (F and S) Department advised District Controller ( F and S) Hooghly for declaration of vacancy of M.R. Distributorship near Pandua Railway Station under Hooghly Sub Division District Hooghly.. Resultantly on 24th January, 2019 District Controller (F& S) Hooghly declared vacancy of M.R. Distributorship at location near Pandua Railway Station under Hooghly Sub Division District, Hooghly. The said notification dated 24th January, 2019 has been challenged in this writ petition.
(3.) Considering the facts and circumstances of the case as above the following issues are to be determined : (i) Whether declaration of resultant vacancy in M.R. Distributorship which is contrary to the State declared policy is sustainable in the eye of law ? (ii) Whether the authority can delink more than 2.5 lakh ration cards from the petitioners' distributorship on the ground of resultant vacancy and tagged the same to the newly appointed distributor thereby violating the existing provision? Submissions Of The Learned Advocates ;