Petitioners challenging the appointment of a Gazole Block MR dealer as carrying contractor for Mid Day Meal rice in Bamangola Block. Court held National Programme is a scheme without statutory force and BDO has discretion.
Instant writ petition dismissed on contest with no order as to cost.
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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
The Hon’ble JUSTICE BIBEK CHAUDHURI
WPA 7178 of 2022
M/s Jan Md. Mondal & Anr. -Vs-
State of West Bengal & Ors.
For the Petitioners: Mr. Debabrata Saha Roy, Adv., Mr. Pingal Bhattacharyya, Adv., Mr. Subhankar Das, Adv., Mr. Neil Basu, Adv., Mr. Sankha Biswas, Adv. For the State: Mr. Manas Kumar Sadhu, Adv. For the Respondent: Mr. Sagar Bandyopadhyay, Adv., Mr. Subrata Dasgupta, Adv.
Hearing concluded on: 16 June, 2023. Judgment on: 23 June, 2023.
BIBEK CHAUDHURI, J. : –
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contractor of Mid Day Meal Rice. Subsequently, after his return he withdrew the said letter of authorization issued in the name of his son Abdul Kader Mandal by a letter dated 2nd February, 2005 addressed to the BDO, Bamangola Block. After 2006 the BDO issued work order for carrying Mid Day Meal Rice in the name of Jan Md. Mondal and subsequently he stopped issuing carrying contract of Mid Day Meal Rice in the name of the said Jan Md. Mondal. Thereafter, he made several applications to the concerned authorities to permit him to work as a carrying contractor of Mid Day Meal rice of Bamangola Block but the authorities remain silent. This prompted him to file WP No.6582(W) of 2018 before this Court. The said writ petition was disposed of on 18th June, 2018 directing respondent No.5 to consider the representation filed by the petitioner and to dispose of the same within six weeks from the date of communication of this order after affording an opportunity of hearing to the petitioner in accordance with law. In spite of the above order passed by this Court in the above mentioned writ petition, the BDO, Bamangola failed and neglected to take any decision in this regard and did not pass any order entrusting the said Jan Md. Mondal to act as a carrying contractor of mid day meal rice.
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effect from 15th March, 2022. In the year 2020, Jan Md. Mondal once again moved this court invoking its writ jurisdiction by filing WPA 9810 of 2020 which was disposed of by a Coordinate Bench vide order dated 25th November, 2021. In the said writ petition the petitioner prayed for issuance of a writ in the nature of mandamus directing the respondent authority to give effect to the order dated 18th June, 2018 passed in WP No.6582(W) of 2018.
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and Distribution of Food Grains ”. The provisions runs thus:-
“MR/SR distributors/dealers appointed by Food and Supplies Department are authorized to lift and arrange supply of such lifted Stock to the school points as per advice list, chalked out by concerned BDO.”
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contract in favour of respondent No.7 who is a MR dealer of Gazole Block. This is not permissible under the law.
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son Abdul Kader Mandal who was acting as Mid Day Meal storing agent since 2003 after Jan Md. Mondal stopped continuing the work as storing agent. Subsequently, in the year 2018 Jan Md. Mondal approached this Court for his re-engagement as storing agency without disclosing the fact that he was no longer a MR dealer after 2015. The petitioners also suppressed that Abdul Kader Mandal misappropriated 1855.69 quintals of CMDMP Rice and a criminal case was instituted against him. The Block Development Officer, Bamangola Block cancelled the agency of collecting and storing Mid Day Meal Rice by Adbul Kader Mandal. The said Jan Md. Mondal again filed a writ petition praying for grant of storing agency in favour of him after cancellation of engagement of the said Abdul Kader Mandal. The said writ petition being WPA No.9810 of 2020 was dismissed on 25th November, 2021. Since respondent No.7 was a fair price shop owner, the BDO Bamangola Block issued orders in favour of him to lift Mid Day Meal Rice and supply them at the school points within Bamangola Block. There is no illegality in the said order. On the other hand Jan Md. Mondal was the father and father-in-law respectively of the present petitioners. He transferred MR Dealership in favour of the petitioners who formed a partnership firm and have been dealing with the said fair price shop. Jan Md. Mondal tried to obtain the order of carrying contractor of Mid Day Meal Rice by filing writ petition being WPA No.9810 of 2020 without impleading respondent No.7 as a private respondent.
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carrying contract order of Mid Day Meal Rice because of the fact that both the fair price shop and carrying contract of Mid Day Meal Rice would be operated by the same family. When there was previous allegation of misappropriation of huge quantity of Mid Day Meal Rice of the elder brother of the petitioners no such permission should be granted in favour of the petitioners.
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Development Officer authorizing respondent No.7 to carry and distribute Mid Day Meal Rice to the school points at Bamangola is not an order amenable to writ review.
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When no inconvenience is pleaded in the writ petition suffered by the school authorities or the students of Bamangola Block, a discretionary order of the Block Development Officer, Bamangola Block authorizing respondent No.7 to collect and distribute Mid Day Meal Rice to the schools of Bamangola cannot be set aside.
(Bibek Chaudhuri, J.)
1 issue framed by the court
Whether the Block Development Officer is under a statutory obligation under clause 2.5.4 of the National Programme of Mid Day Meal to appoint only local MR dealers as carrying contractors.
Colour shows how this judgement treated each authority
Tirumala Tirupati Devasthanams vs. K. Jotheeswara Pillai (Dead) by LRS. & OrsReferred¶13
Tirumala Tirupati Devasthanams vs. K. Jotheeswara Pillai (Dead) by LRS. & Ors (2007) 9 SCC 461 · Who else cites this
M/s Jan Md. Mondal & Anr.
State of West Bengal
Block Development Officer, Bamangola Block
MR dealer of Gazole Block
BIBEK CHAUDHURI
As recorded by the court registry
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