ASR . Ct. no. 24. 20.1.2025 WPA 25269 of 2024 Hindusthan Food suppliers(AW-7) & Anr. Vs. State of West Bengal & Ors. Mr. Debabrata Saha Roy Mr. Pingal Bhattacharyya Mr. Subhankar Das Mr. Sankha Biswas ….for the petitioners Ms. Sonal Sinha ….for the State The petitioner no. 1 is a partnership firm and petitioner no. 2 is one of the partners of the petitioners no. 1 and have been running wholesaler business under the license of the State respondents. Pursuant to an order being dated 6th December, 2018 issued by the DDR, Kolkata (North), Amaherst street, Maniktala II, Burabazar Sub-area have been delinked from the petitioners and the same have been temporary tagged with near by wholesalers. Subsequently, vide an order of the Principal Secretary & Commissioner Food, Food & Supply Department, Government of West Bengal dated 11th September, 2019 wholesaler license of petitioner has been restored on deposition of penalty of Rs. 5 lakh. By virtue of this order the Deputy Director of Rationing, Barrackpore vide order dated 30.09.2019 also cancelled the previous order of de-linking of dealers from their wholesaler business and restored their wholesaler business and allowed them to distribute the ration articles to the tagged dealers of Kamarhati and Baranagar Sub area. It is the case of the petitioner that for the period of 5.10.2018 to 10.10.2018 total 4055 bags containing 1999.63 qntls. of rise meant for AW –7, Barrackpore has been lifted from Cossipore Depots and stored in their Chetla Road Godown and the period from 22.10.2028 to 12.11.2018 total 4635 bags containing 2331.61 qntls. of wheat has been lifted from Kalyani Depots (FCI) and stored in their Chetla Road Godown and for such long storage of food grains, the same has deteriorated, which is cureable on proper treatment/cleaning and segregation. It is the case of the petitioner that the Principal Secretary in his order dated 11th September, 2019 has directed the licensing authority that while making the allocation of food grains to petitioner shall take into account the undistributed stock of Chetla Road Godown and issue necessary indent after adjusting the same. It has also been directed by the Principal Secretary in the same order (30.8.2019) that licensing authority and appellate authority will closely monitor the distribution of food grains so that food grains of 2 requisite quality are distributed by the appellants to the FPS for consumption by the PDS beneficiary. It is further case of the petitioner that the petitioner undertook the curative chemical treatment of the PDS articles. After such chemical treatment on account of DDR, North Kolkata rice 862.99 kgs and wheat 2661.77 kgs. having chemically treated and up graded. The petitioner vide his letter dated 1.1.2022 requested the Director of rationing for lifting and clearance of the stock at Chetla road go down, kolkata, but there was no response from the authority. He again made a request on 28th January, 2020 for lifting of such foodgrains. Subsequently, 10th February, 2020 he also make a request to the Deputy Director rationing, Kolkata, North for immediate lifting of the rice and wheat from the Chetla road go down. The request of the petitioner was not consider and the articles were not liftied. However, subsequently the Deputy Director of rationing has issued a memorandum on 16th September, 2022 containing, inter alia, that difference purchase price and sale price of RKSY –II wheat is Rs. 700/- per quintal. Over the period from April 2016 to March, 2020, a total of 11481.67 quintals of wheat was allotted to the petitioner, for the said quantity, difference money comes to Rs. 80,37,169/- against which it has been alleged that the petitioner have 3 already deposit 7,01,820/-,therefore, the balance amount of Rs. 73,35,349/- is still due. Vide the same memo the Deputy Director rationing has directed the petitioner to deposit the due amount within 7 days from the receipt of this letter. It is the case of the petitioner that the petitioner has requested the authority to consider the fact that the Principal Secretary, Government of West Bengal has already directed the authority for necessary adjustment but the same has not been done regarding the chemically treated foodgrains lying at the Chetla Godown of the petitioner. It is the further case of the petitioner that while the petitioner has deposited his monthly bill to the department, the department had already deducted Rs. 28,04,445/- without passing any specific order or adjustment on the request of the petitioner. Thus, the petitioner has approached this court for necessary order so that, the concerned authority may not deduct any amount of money monthly the claim bills of the petitioner without disposing the issue of adjustment. On the prayer of the petitioner this court has directed the authority not to deduct any amount from the claim bills of the petitioner for the month of June and July, 2024. The petitioner has received the amount for the claim bill from June and July, 2024. Thereafter, they 4 could not produced any monthly claim bills on the supposition that if they produced the bill a huge amount would be deducted from their claim bills. During the course of hearing for this matter this court directed the authority to file a report in the form of affidavit. No such report has been placed. However, the petitioner make a request before this court, so that, the 10% percent deduction of his every claim bills be made for the recovery of the due amount. The State has produced a counter proposal through learned AGP Ms. Sonal Sinha dated 11.12.2024 containing, inter alia, that if 10 percent amount is deducted per month from each claim bills, it will take 104 months to recovery the entire amount. Hence, the State authority places a counter proposal for reduction of 50 percent of each claim bills for recovery of the due amount within two years. Mr. Debbrata Saha Ray, learned Senior Advocate appearing on behalf of the petitioner submits that if the deduction is made according to the proposal of the State authority the petitioner will suffer irreparable loss and injury. He submits that the highest authority of the food and supply department i.e. the Principal Secretary has passed a specific order upon the licensing authority for taking account the undistributed stocks at the petitioner at Chetla Godown. The undistributed stock of rice and wheat was chemically treated, on physical 5 measurement the chemically treated rice owing 862.9 and wheat owing 2661.77 kgs. were ready for distribution. The concerned authority has not lifted the foodgrains. Mr. Saha Ray submits that the amount of chemically treated rice and wheat need be deducted from the claims amount of Rs. 73,35,349/-. If the State authority is allowed to deduct the entire amount the order of the Principal Secretary as well as the value of the foodgrains, which was not lifted by the concerned authority would be unsettled. Mr. Saha Ray prayed for necessary direction upon the authority for deduction of the amount of such food grains from the due amount. Ms. Sinha, Ld. AGP submits that it is uncertain why the concerned authority has not carried out the order of the Principal Secretary, Department of food and supplies, Government of West Bengal. He further submits that the authority concerned though has come to a specific proposal for deduction of 50 percent amount of each claim bills for the recovery of the due amount but the same may be referred to the concerned Secretary again for proper redressal. Having heard learned counsel for the parties, it appears to me that the petitioner has succesfully demonstrated a case before this court that in view of the order of the Principal Secretary, Department of Food 6 and Supplies, Government of West Bengal, the wholesalership license of the petitioner was restored with a fine of Rs. 5 lakhs. At the time restoring the license of wholesaler business of the petitioner the Principal Secretary has also directed the licensing authority to take appropriate steps about the allocated and undistributed food grains within the stock of Chetla Godown of the petitioner. It further appears from the document that a huge amount of rice and wheat were chemically treated and were ready for distribution to the PDS beneficiary. The petitioner has made a several request to the concerned Director of the Rationing for lifting of such foodgrains but it appear that the reason unknown to anybody the said foodgrains was not lifted. It appears to me that the present petitioner can not be blamed for the conduct of the concerned rationing authority for not lifting the foodgrains from the chetla godown, Kolkata. Considering the same, I am of opinion that the due amount of money ie. Rs. 80,37,169/- as calculated by the State authority appears to me not proper. However, I think it necessary to refer the matter for proper calculation and for taking proper decision of the matter by the authority concerned in the light of the order and direction of the Principal Secretary, 7 Department of Food and Supplies, Government of West Bengal dated 11th September, 2019. It is directed that the present petitioner shall approach the principal Secretary for proper calculation of his differential amount. The Principal Secretary shall take the decision within six weeks from the date of receiving of the communication by the petitioner by giving a proper opportunity of hearing to the petitioner. The Principal Secretary concerned shall take a reasoned decision and inform the present petitioner within two weeks thereafter. Till the reasoned decision be arrieved at by Principal Secretary, the petitioner is to deposit the claim bills with the authority and on such deposit the authority concerned is to deduct 15 percent per month from each claim bills for the realization of the amount. The authority concerned shall take appropriate steps so that the previous monthly bills of the petitioner may be cleared within a short interval most preferably within 15 days from the date of submission of the bills. I make it clear that, this court have not entered into the merits of the matter regarding the calculation amount as made out by the state authority, the concerned authority is at leave to decide the matter afresh without being influenced by any direction in this court. Under the above observation, the writ petition is disposed of. 8 [Subhendu Samanta, J] 9