Calcutta High Court (Appellete Side)
M/S. Mondal Brothers & Anr vs State Of West Bengal & Ors on 13 June, 2023
13.06.2023
Sl. Nos.12 to 21,
23 to 27, 29, 31, 32,
34, 35, 37 & 38.
Suman
Ct.No.42. WPA 21895 of 2022
M/s. Mondal Brothers & Anr.
Vs.
State of West Bengal & Ors.
With
WPA 21915 of 2022
M/s. Kalimata Trading Co. & Anr.
Vs.
State of West Bengal & Ors.
With
WPA 21918 of 2022
M/s. D.P.Chatterjee and Sons & Anr.
Vs.
State of West Bengal & Ors.
with
WPA 22279 of 2022
Sib Prosad Das
Vs.
State of West Bengal & Ors.
With
WPA 22281 of 2022
Setara Begam
Vs.
State of West Bengal & Ors.
With
WPA 22283 of 2022
M/s. Nagarmal Mahabir Prisad & Anr.
Vs.
State of West Bengal & Ors.
With
WPA 22286 of 2022
M/s. Mohanlal Jain & Anr.
Vs.
State of West Bengal & Ors.
With
WPA 22318 of 2022
M/s. Ratnakar Ghosh & Anr.
Vs.
State of West Bengal & Ors.
With
WPA 22611 of 2022
Santanu Saha
Vs.
State of West Bengal & Ors.
With
WPA 22614 of 2022
Amit Kumar Bhakat
Vs.
State of West Bengal & Ors.
With
WPA 23463 of 2022
Rajib Tarafdar
Vs.
State of West Bengal & Ors.
With
WPA 24118 of 2022
Chandan Bagani
Vs.
State of West Bengal & Ors.
With
WPA 24120 of 2022
Mushir Ahmed Mollah
Vs.
State of West Bengal & Ors.
With
WPA 24122 of 2022
Monirul Islam Mullick
Vs.
State of West Bengal & Ors.
With
WPA 24125 of 2022
Raj Kumar Bhore
Vs.
State of West Bengal & Ors.
With
WPA 24134 of 2022
Amit Kumar Singh
Vs.
State of West Bengal & Ors.
With
WPA 25848 of 2022
Vimal Singh Baid
Vs.
State of West Bengal & Ors.
With
WPA 26154 of 2022
Jaydeep Roy Chowdhury
Vs.
State of West Bengal & Ors.
With
WPA 27082 of 2022
Jahar Bhowmick
Vs.
State of West Bengal & Ors.
With
WPA 27088 of 2022
Sujay Dolui
Vs.
State of West Bengal & Ors.
With
WPA 28901 of 2022
Sabbyasachi Chakraborty
Vs.
State of West Bengal & Ors.
With
WPA 146 of 2023
Sagardighi Thana Agri Marketing Co-Op
Society Ltd. & Anr.
Vs.
State of West Bengal & Ors.
Mr. Debabrata Saha Roy
Mr. Pingal Bhattacharya
Mr. Subhankar Das
Mr. Neil Basu
Mr. Sankha Biswas
...for the petitioners
Mr. R. Dhara
Mr. Gourab Banerjee
..for the petitioner in WPA 26154 of 2022
Ms. Lipika Dutta
..for the petitioner in WPA 28901 of 2022
Mr. Sirsanya Bandopadhyay
Mr. Arka Kumar Nag
..for the State in WPAs 21915 of 2022, 22279 of
2022, 22281 of 2022, 22283 of 2022, 22286 of 2022,
22318 of 2022,23463 of 2022, 24118 of 2022, 24122
of 2022 & 27088 of 2022
Mr. Samrat Sen
Mr. Nilotpal Chatterjee
Ms. Amrita Panja Moulick
..for the State in WPA 24120 of 2022
Mr. Nilotpal Chatterjee
Ms. Amrita Panja Moulick
..for the State in WPA 24125 of 2022
In the above mentioned writ petitions similar
questions of fact and law are involved. Therefore, this
Court is of the view that the above mentioned writ
petitions shall be heard analogously and disposed of by
a composite judgment.
In short, in the above mentioned writ petitions
declaration of vacancies of distributors and wholesalers
in rural and urban areas respectively is challenged on
the ground that the said notification was made by
Government of West Bengal, Department of Food &
Supplies Notification No. 2347-FS dated 8th August,
2013. It is contended by the petitioners that in view of
promulgation of the National Food Security Act, 2013
which came into force on and from 10 th September,
2013 and order No. GSR 213 (E) dated 20 th March,
2015, Government of West Bengal Notification No.
2347-FS dated 8th August, 2013 and 2371-FS dated
12th August, 2013 have become redundant and non-
est.
In course of argument it is also submitted by Mr.
Saha Roy, learned advocate for the petitioners that
similar question is involved in another proceeding
before the Division Bench presided over by the Hon'ble
the Chief Justice.
Mr. Nag, learned advocate for the State, on the
other hand, submits that the petitioner never
challenged the vires of the above mentioned two
control orders dated 8th August, and 12th August, 2013.
Therefore, validity of the control orders cannot be
questioned in the instant writ petition.
This Court is prima facie of the view that when
by virtue of a subsequent legislation, the old legislation
or the administrative order becomes redundant and
non-est, the petitioner does not require to make a
separate prayer for declaration that the previous
control orders issued by the State Government
becomes ultra vires.
Here the question remains if vacancy of
distributors and wholesalers declared by virtue of the
said control orders dated 8th August and 12th August,
2013 is legally sustainable or not in view of
subsequent legislation in the form of National Food
Security Act, 2013 and targeted Public Distribution
System (Control) Order, 2015.
Since it is submitted from the Bar that
similar issue is pending before the Division
Bench, the above mentioned writ petitions shall
be heard after disposal of MAT No.296 of 2022.
(Bibek Chaudhuri, J.)
