20.03.2025 Item No.8 gd/ssd WPA(P)/59/2025 SAIYED SOLEMAN AZAD VS UNION OF INDIA AND ORS. Mr. Manatosh Chakraborty, Mr. Sudhir Kr. Bhowmik, Ms. Arena Bhowmik ..for the Petitioner. Mr. Sk. Md. Galib, Mr. Alok Banerje ..for the State. Mr. Kumar Jyoti Tewari, Mr. Arijit Majumdar ..for the Union of India. 1. The petitioner alleges that the 10th respondent who is the MR Dealer has utilized 4000 fake ration cards and swindled of the public distribution items. 2. Since the representation did not revoke any response, the writ petition has been filed. 3. The Sub-Divisional Officer Controller (F&S), Malda, Sadar has addressed the Joint Director (Law), Department of Food & Supplies dated 27.2.2025 from which it is seen that pursuant to the complaint which has been lodged by the petitioner, an enquiry was conducted and an order has been passed against the 10th respondent dated 21.2.202 by imposing the penalty of Rs.50,000/-. 4. It is not clear as to whether any appeal has been filed to the appellate authority against the said order in terms of Para 57 of the Control Order. 5. Thus, it appears that some action has been taken against the 10th respondent and what appears to be true is that fake ration cards have been used. 6. Therefore, the authority should not stop with this exercise as there is every likelihood that the 10th respondent may file a statutory appeal before the appellate authority. 7. Therefore, the step should be taken for deactivation of the fake ration cards which were issued in the name of non-existent person or persons who are dead. 8. In this regard, sufficient power has been provided under Clause 5 of the West Bengal Targeted Public Distribution System (Maintenance and Control) Order, 2024. 9. Therefore, we direct the Sub-Divisional Officer Controller (F&S), Malda, Sadar to take action in terms of Clause 5 of the Control Order. The authority should also examine the aspect from the criminal angle as to whether the 10th respondent has colluded with other persons and conspired to commit this illegality and authority should not be satisfied with just passing an order under the provisions of the Control Order. 2 10. With the above observations, the matter stands disposed of. (T. S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.) 3