Sri Shib Sankar Dutta Vs. State of West Bengal and ors. - Court Judgment

Excerpt:
in this writ application the petitioner has, inter alia, sought a direction on the respondent no.1 to dispose of the application filed by the petitioner in accordance with law. the application of the petitioner is for setting aside of an impugned order dated july 20, 2009 passed by the principal secretary, food & supplies department & commissioner of food, government of west bengal, in an appeal filed by the private respondent. it could perhaps be pertinent to record that an advertisement was issued for grant of license to run a fair price shop at loharpur under the provisions of west bengal public distribution system (maintenance & control) order, 2003, (hereinafter referred to as the order 2003). the concerned respondents prepared a panel of three candidates in which the petitioner was placed in the first position in order of merit and the private respondent was placed in the second position in order of merit. a fair price shop licence was granted to the petitioner under the provisions of the 2003 order. the private respondent being the unsuccessful candidate filed an appeal before the principal secretary-cum-commissioner of food. on july 20, 2009 recall of which has been sought, the principal secretary-cum-commissioner of food cancelled the kerosene dealership licence issued to the petitioner and directed that a fresh vacancy of the dealership be declared. the aforesaid order was challenged by filing a writ application being wp no.13697(w) of 2009 which was disposed of by an order dated september 4, 2009. the honble single bench rejected the contention of the petitioner of the aforesaid order having been passed in violation of principles of natural justice of the writ petition with the following conveniences/observations: therefore, no order is passed on this writ petition. however, the petitioner is at liberty to approach the respondent no.1, if so advised. the petitioner apparently did not succeed in his challenge to the order dated 20th july, 2009. from the order of the honble single bench, it is patently clear that the issue of the power of the principal secretary cum food commissioner to reconsider or review his own order was not at all considered. liberty was granted to the petitioner to approach the respondent no.1, if so advised. in other words, the honble bench only clarified that the petitioner would not be debarred from approaching the principal secretary cum food commissioner had power to review his order was not considered. it is apparent that under the west bengal kerosene control order, 1968, there is no provision for review of an order passed in appeal. the challenge to the order, as observed above, failed. the petitioner chose not to prefer any appeal against the order dated 4th september, 2009. there can, therefore, be no question of any mandatory order in this writ petition directing the principal secretary cum food commissioner to consider a representation seeking review of his order. in any case, there being no provisions for review of any direction on the principal secretary cum food commissioner to consider the representation would be an exercise in futility. the application is thus dismissed. urgent certified copy of this order, if applied for, be supplied to the parties upon usual undertakings.

Judgment:
In this writ application the petitioner has, inter alia, sought a direction on the respondent No.1 to dispose of the application filed by the petitioner in accordance with law. The application of the petitioner is for setting aside of an impugned order dated July 20, 2009 passed by the Principal Secretary, Food & Supplies Department & Commissioner of Food, Government of West Bengal, in an appeal filed by the private respondent. It could perhaps be pertinent to record that an advertisement was issued for grant of license to run a fair price shop at Loharpur under the provisions of West Bengal Public Distribution System (Maintenance & Control) Order, 2003, (hereinafter referred to as the Order 2003). The concerned respondents prepared a panel of three candidates in which the petitioner was placed in the first position in order of merit and the private respondent was placed in the second position in order of merit.

A fair price shop licence was granted to the petitioner under the provisions of the 2003 Order. The private respondent being the unsuccessful candidate filed an appeal before the Principal Secretary-cum-Commissioner of Food. On July 20, 2009 recall of which has been sought, the Principal Secretary-cum-Commissioner of Food cancelled the kerosene dealership licence issued to the petitioner and directed that a fresh vacancy of the dealership be declared. The aforesaid order was challenged by filing a writ application being WP No.13697(w) of 2009 which was disposed of by an order dated September 4, 2009.

The Honble Single Bench rejected the contention of the petitioner of the aforesaid order having been passed in violation of principles of natural justice of the writ petition with the following conveniences/observations: Therefore, no order is passed on this writ petition. However, the petitioner is at liberty to approach the respondent no.1, if so advised. The petitioner apparently did not succeed in his challenge to the order dated 20th July, 2009. From the order of the Honble Single Bench, it is patently clear that the issue of the power of the Principal Secretary cum Food Commissioner to reconsider or review his own order was not at all considered. Liberty was granted to the petitioner to approach the respondent no.1, if so advised.

In other words, The Honble Bench only clarified that the petitioner would not be debarred from approaching the Principal Secretary cum Food Commissioner had power to review his order was not considered. It is apparent that under the West Bengal Kerosene Control Order, 1968, there is no provision for review of an order passed in appeal.

The challenge to the order, as observed above, failed. The petitioner chose not to prefer any appeal against the order dated 4th September, 2009.

There can, therefore, be no question of any mandatory order in this writ petition directing the Principal Secretary cum Food Commissioner to consider a representation seeking review of his order.

In any case, there being no provisions for review of any direction on the Principal Secretary cum Food Commissioner to consider the representation would be an exercise in futility. The application is thus dismissed.

Urgent certified copy of this order, if applied for, be supplied to the parties upon usual undertakings.