02.04.2025 Sl. No. 16 g.b. Court No.24 266011 WPA 7296 of 2025 Kandi Srijani -Vs- The State of West Bengal & Ors. Mr. Debabrata Saha Roy Mr. Debasish Kundu Mr. Subhankar Das ……For the Petitioner Mr. Swapan Kr. Datta Mr. Rajat Datta ……For the State The petitioner is secretary of “Kandi Srijani”, a registered Society under West Bengal Society Registration Act, 1961. He applied for licence in pursuance of a vacancy notification issued by the Sub-Divisional Controller (Food and Supply), Domkal in terms of conditions stipulated in the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. His candidature was verified by the concerned authority and being satisfied about his suitability, licence of FPS was issued in favour of the petitioner on 5th February, 2025 which is valid till 31st December, 2025. The present petitioner is running the business. The PDS were tagged with his FPS and he was given the allotment in the month of May, 2025 by the distributor. Suddenly one notice was issued by the concerned Sub-Divisional Controller upon the petitioner on 4th March, 2025 asking him to present in a personal hearing on 11th March, 2025. He appeared before the office of the Sub-Divisional Controller. A hearing was conducted. Thereafter the concerned Sub-Divisional Controller has passed the impugned order on 24th March, 2025, thereby the FPS licence issued to Kandi Srijani was cancelled and revoked with immediate effect. The impugned order is set out as follows: “Whereas, Kandi Srijani(Kamirul Islam, Secretary & Office Bearer) applied for F.P.S. Licence as a Co-operative Society against Vacancy Id 202200223512 and Notification No.795/SCFS/DOM/2023 dated 11.12.2023 at Vill- Radhakantapur Nearby Radhakantapur S.S.K. School under Dhulauri G.P. Mouza- Radhakantapur, J.L. No- 01, P.O. Par Raghunathpur, P.S. Domkal, Dist- Mushidabad. And whereas, Kandi Srijani was accorded approval to get F.P.S. Licence on 17.9.2024 after being recommended by the District Level Fair Price Shop Selection Committee(DLFPSSC) on 23.08.2024. And where as on further scrutiny, it revealed that Kandi Srijani is not a Co-operative Society registered under West Bengal Co-operative Societies Act, 2006. 2 And whereas, Kamirul Islam, Secretary & Office Bearer of Kandi Srijani, was given an opportunity of personal hearing vide Memo No. 180/SCFS/DOM/2025 dated 04.3.2025 for submission of requisite documents ad registered Co-operative Society. But he could not produce Co-operative registration Certificate. As such, the FPS licence issued to Kandi Srijani is not maintainable and liable to be cancelled. Therefore, in terms of Clause 11(iv)(Part-5) of Vacancy Notification no.795/SCFS/DOM/2023 dated 11.12.2023, the licence issued to Kandi Srijani bearing Licence No.33341800235 is hereby revoked with immediate effect in the interest of public and smooth running of P.D.S.” Mr. Debabrata Saha Roy, learned senior counsel appearing on behalf of the petitioner submits that the impugned order issued by the concerned authority is illegal and bad in law. The grounds for termination of license as assigned by the concerned Sub-Divisional Controller can only be applicable upon a candidate who applied for the licence in terms of the vacancy notification dated 11.12.2023 but when licence has already been issued, and the present petitioner being licensee is distributing the ration articles to the beneficiaries, 3 his licence cannot be terminated without following the provisions of law. In support of his submission he cited two decisions passed by this court in “Khorsed Alam Khan Vs. The State of West Bengal & Ors.) (WPA 27156 of 2024). Mr. Saha Roy, learned senior counsel also places a decision of the Division Bench of this Court in M/s. Sonai Food Marketing Pvt. Ltd. & Anr. Vs. State of West Bengal & Ors. (MAT 562 of 2021). Mr. Swapan Kr. Datta, learned counsel appearing on behalf of the State submits that the petitioner since filing of the application in terms of the vacancy notification has suppressed material fact. The vacancy notification has specifically mentioned that only a registered co-operative society may apply for licence. The petitioner is a society registered under West Bengal Society Registration Act, 1961. So, he cannot be an applicant of the said vacancy. Mr. Datta, learned counsel further submits that the licence issued in favour of the petitioner is illegal and non-est in the eye of law. Mr. Datta further argues that the petitioner was given a sufficient opportunity of hearing and on hearing he admitted that “Kandi Srijani” is not a co- operative society under Cooperative Societies Registration Act. Mr. Datta further argues that on 4 hearing the petitioner it appears to the concerned authority that the licence issued in favour of the petitioner cannot be allow to continued. Heard the learned advocates and perused the impugned order passed by the concerned authority on 24th March, 2025. In fact, the vacancy notification stipulates that only a registered co-operative society may apply for the licence. It is the case of the petitioner that he is not a registered cooperative society but a society, registered under the West Bengal Society Registration Act, 1961. It is the further case of the petitioner that he never suppressed the certificate issued in his favour under the West Bengal Society Registration Act. The concerned authority before issuance of licence has verified all credentials of the petitioner and the petitioner being the suitable candidate, the authority has issued the licence. At present the petitioner cannot be termed as an applicant but the status of the petitioner is now as a licensee. The petitioner being a licensee can only be terminated by initiation of a detailed procedure enumerated in Clause 24 of West Bengal Public Distribution System (Maintenance and Control) 5 Order, 2013. For elaborate discussion it is required to set out the provisions of Clause 24 hereunder. “24. Power to take action against a licensee for committing irregularities. ‘(i) if a licensee of his/her agent or any other person acting on his/her behalf contravenes any of the provisions of this Order or any of the regulations made there under or any of the conditions of his/her licence, or any discrepancy of stocks or in the weighment device is detected, the Sub-divisional Controller, Food and Supplies, shall issue a notice to the concerned Dealer asking for explanation in writing for such contravention and discrepancy and may also place the dealership under suspension till the disposal of the proceedings by the Sub-divisional Controller, Food and Supply. In case of suspension, the concerned ration card holders shall be tagged temporarily with the neighboring Dealer for uninterrupted supply of public distribution commodities. (ii) The licensing authority after giving the licensee an opportunity of being heard and after recording the reasons thereof, may terminate the licence or may reduce the volume of business through reduction of tagged ration cards and/or impose fine according to the gravity of the offence as annexed in Schedule A. In case of imposition of fine the licensee shall have to deposit the fine with the sub-divisional Controller, Food and Supplies through Treasury Challan in TR Form No.7 under the Head of Account as prescribed by the Government. 6 Entire proceedings shall be completed within 60 days from the date of issue of the show cause notice.” It appears from the provisions of Clause 24 that the authority concerned had to issue a show cause notice against the present petitioner who is a licensee under the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 and after giving him an opportunity to reply the show cause the licensing authority may terminate his licence. This court has adopted the view in “Khorsed Alam Khan Vs. The State of West Bengal & Ors.) (WPA 27156 of 2024) that if it appears to the authority that a licence was issued in favour of a licensee which is not in pursuance to the Control Order or not following the provisions of the vacancy notification, the authority concerned can only take appropriate steps against the petitioner by adopting the provisions of Clause 24 of West Bengal Public Distribution System (Maintenance and Control) Order, 2013. In this case the authority concerned has not adopted the procedure of Clause 24 of the said Control Order, but the impugned order disclosed a Clause 11 (iv) (Part-5) of vacancy notification dated 11.12.2023. It appears that the decision by the 7 concerned authority on the basis of the terms of the vacancy notification is not applicable against a licensee. Under the above observation I find justification in the instant writ petition to be entertained. Mr. Datta, learned counsel appearing on behalf of the State respondents has demonstrated the fact that the licence in favour of the petitioner was issued under misconception that the petitioner was a registered under Cooperative Societies Act, 1961 but was not a Society under the West Bengal Society Registration Act, 1961. Mr. Datta, learned counsel further argues that the licence issued in favour of the petitioner is non- est in the eye of law. Having heard the learned counsel for the State I understand that the licence was issued by the State respondent after verifying all credentials of the petitioner. The petitioner may not be entitled to get the licence but the duty which was imposed upon the State for verifying the credentials of aspirants before issuance of licence is also appears to be performed in a slip shod manner. At this juncture I am of the view that the licence what nature it may be, issued in favour of 8 the petitioner cannot be terminated abruptly by the authority by issuing a simple hearing notice. The authority had to take recourse under Clause 24 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. Impugned procedure initiated by the concerned authority is de hors to the provisions of Public Distribution System (Maintenance and Control) Order, 2013. When a statute enumerates an action to be performed in a particular manner, the same shall have to be performed in that manner only, not otherwise. If Govt. authority allowed to perform in other manner, than statute, that would tantamount to be without jurisdiction, which shall ultimately give unfettered power in the hands of the executives, thereby sole purpose of the Legislature would be frustrated. Hence the decision by the authority appears to me illegal and the same is hereby set aside. In my opinion the concerned Sub-Divisional Controller has to take the decision according to the provisions of law. It may appear that the licence was issued not following the entire terms of vacancy notification but once the licence was issued, the status of the petitioner is now a licensee but not an applicant. 9 Under the above observation the impugned order passed by the concerned authority dated 24th March, 2025 is hereby quashed. The concerned authority is directed to reinstate the petitioner with immediate effect as licensee and allow him to continue with the licence according to the procedure established in law. I make it clear that the finding of this Court shall not debar the authority concerned to proceed against the present petitioner for termination of licence according to the procedure established in the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. WPA 7296 of 2025 stands disposed of. Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions. (Subhendu Samanta, J.) 10