Calcutta High Court (Appellete Side)
Enamul Ali Khan vs State Of West Bengal & Ors on 20 July, 2023
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
WPA/16594/2023
Enamul Ali Khan
-Vs-
State of West Bengal & Ors.
For the Petitioners: Mr. Bhaskar Chandra Manna, Adv.
For the State: Mr. Priyankar Saha, Adv.,
Ms. Amrita Chatterjee, Adv.
Hearing concluded on: 20 July, 2023.
Judgment on: 20 July, 2023
BIBEK CHAUDHURI, J. : -
1. Affidavit of service be kept with the record.
2. The petitioner is a dealer of a fair price shop at Mouza-Deuli,
Mukundapur, J.L.No.49 under P.S Ramnagar, District Purba Medinipur.
It is the case of the petitioner that he has been running the FPS
dealership business in fair manner all alone with full satisfaction of all
concerned including the satisfaction of the Food and Supplies Department
as well as the beneficiaries. There are 7368 members of beneficiaries/card
holders attached with the fair price shop of the petitioner to whom he
regularly supplies ration materials. However, he subsequently came to
know from the office of the Sub-Divisional Controller, Food and Supplies,
Contai that pursuant to the approval by the Government of West Bengal,
2
Food and Supplies Department vide memo No.79/FCS/2023 dated 3rd
February, 2023, that on the pretext rationalization of excess ration card
population of existing fair price shop, the Government has decided that
the fair price shop owners cannot have beneficiaries more than 5000 card
holders.
3. It is contended on behalf of the petitioner that the Government of
West Bengal in the Food and Supplies Department vide memo No.3004-
FS dated 3rd September, 2023, directed that 6500-7500 ration cards were
to be retained with an existing fair price shop for declaring a new vacancy.
Later, the above range of retained population was modified to 5000-6500
and a new vacancy was to be proposed with a range of DRC population of
3000-4500 vide notification No.328-FMR dated 11th February, 2022. It is
submitted by the petitioner that though the petitioner caters 7368
members of beneficiaries from his fair price shop, the Sub-Divisional
Controller, Food and Supplies Department issued a declaration of vacancy
on 3rd February, 2023 inviting application from individuals, registered
partnership firm, registered co-operative society, Sangha or Mahasangha
of self-help groups working within Purba Medinipur district for filling up
the vacancy of FPS dealership under at village Nonari, Mukundapur. The
vacancy notification dated 3rd February, 2023 is under challenge by the
petitioner on the ground that the respondent authority has no power
under any of the provisions of control order to curtail the number of
vacancies from fair price shop of the petitioner. If any such attempt is
resorted by the respondents, it will be a case of sheer deprivation by
putting the petitioner in extreme crisis.
4. I have heard the learned Advocate for the petitioner and the
respondents.
5. Memo No.3004-FS dated 3rd September, 2021 prescribed a
guideline stipulating two situations:-
Situation-I
In case of overpopulated F.P.S. having card population of
more than 12000, proposals for the new vacancies may be given at
appropriate locations of the areas under the service of the existing 2
F.P.S. through bifurcation of the card population as may be
convenient for the concerned dealers.
Situation-II
In case of overpopulated F.P.S. having card population
between 10000 to 12000, around 3000 to 5000 cards of the existing
F.P.S. may be considered for detagging and to be clubbed with the
detagged over populated card of any neighbouring F.P.S.(s) for
declaration of suitable new vacancy, the proposal of the same may
be given at locations as may be convenient for the concerned
beneficiaries.
6. Thus, it is contended by the learned advocate for the petitioner that
an F.P.S. dealer can cater at least 10000 beneficiaries and if the number
of beneficiaries becomes higher than 10000 the concerned authority can
bifurcate the beneficiaries and tag them with a new fair price shop for
rationalization of public distribution system.
7. However, the office order dated 3rd September, 2021 has been
superseded by Memo No. 834 dated 28th March, 2023. The relevant order
issued by the Director of the Directorate of District Distribution,
Procurement & Supply is quoted below:-
"Guidelines for rationalization of excess Ration Card
population of existing FPSs through declaration of new vacancies or
merger of small Ration Card population with neighbouring FPSs
were issued by 3 the Department vide No. 3004-FS dated
03.09.2021. In the said guidelines, in case of shops having excess
population, it was envisaged that 6500 to 7500 Ration Cards were
to be retained with an existing FPS for declaring a new vacancy."
8. Later, the above range of retained population was modified to 5000
to 6500 and new vacancy was to be proposed with a range of DRC
population of 3000 to 4500 vide No. 328-FMR dated 11.02.2022.
9. However, certain issues have been raised from some quarters
regarding the retained population and proposed population for a new
vacancy which were under active consideration of the Department. Now,
after due consideration of the matter it has been decided that for the
purpose of proper and complete rationalization of existing Ration Card
population for ensuring better service to the concerned beneficiaries
through PDS, a new vacancy may be proposed with a population which
may be less than 3000 and DRC population retained with an existing FPS
may be less than 5000 considering local scenario, convenience/
inconvenience of the beneficiaries and in the larger interest of PDS in the
locality.
10. The petitioner caters 7368 card holders. He is now entitled to cater
beneficiaries up to 5000 card holders. Therefore, vacancy was declared in
respect of balance 2368 card holders. There is no ambiguity, illegality or
arbitrariness in the order. The Government has the authority to issue
fresh order in superseding the previous one for rationalization of the
pubic distribution system. The petitioner has no authority to challenge
such administrative prerogative of the executive. It is not the case of the
petitioner that he alone suffers for bifurcation of the number of
beneficiaries. The guideline is for all the F.P.S. cardholders operating in
the State of West Bengal for rationalization of public distribution system.
Therefore, the petitioner cannot challenge the said administrative order
dated 28th March, 2023 on the ground of arbitrariness, mala fide or
violative of any constitutional or legal right of the petitioner.
11. In view of the above discussion, I do not find any merit in the
instant writ petition and the writ petition is dismissed on contest.
12. There shall, however, be no order as to costs.
(Bibek Chaudhuri, J.)
