Md. Ismail Mondal Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Md. Ismail Mondal Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: State Authority permitted to proceed with the FPS dealer selection process, but grant of licence withheld until disposal of the batch of appeals (MAT 1543 of 2004 and Ors.) pending before the Division Bench; State respondent to file a report in the form of affidavit within four weeks, with petitioner's exception, if any, within two weeks thereafter; matter taken out of the list with liberty to mention.

Issue for consideration

Whether the vacancy notification for appointment of an FPS dealer, declared on the basis of the Control Order 2013, is sustainable after promulgation of the National Food Security Act, 2013 and the Targeted Public Distribution (Control) Order, 2015, which the petitioner argues have rendered the Control Order 2013 redundant. +1 more

Ratio / Principle

The State Authority is at liberty to proceed with the FPS dealer selection process, but the grant of licence shall not be issued until the disposal of the batch of appeals (MAT 1543 of 2004 and Ors.) pending before the learned Division Bench.

Key takeaways

Since the validity of the Control Order, 2013 is itself under challenge in the pending Division Bench appeals, any order passed by this Court during their pendency that touches the merits of those appeals would amount to a violation of judicial discipline; hence the restraint on issuing the licence.ratio¶18
Observation (in passing) that the petitioners who approached the Hon'ble Division Bench may have their personal rights regarding their FPS dealerships recognised by the orders passed there, implying those orders address the appellants' personal rights rather than conferring benefits on the present petitioner.obiter¶18

Detailed headnote1 paragraphs

Interim order in WPA 4660 of 2025 (Md. Ismail Mondal v. The State of West Bengal & Ors.), Subhendu Samanta, J. The petitioner, an existing FPS (Fair Price Shop) dealer with an unblemished track record, challenged a vacancy notification for appointment of an FPS dealer over his operational area, arguing that after the National Food Security Act, 2013 and the Targeted Public Distribution (Control) Order, 2015, the Control Order 2013 on whose basis the vacancy was declared has become redundant. Noting that a batch of appeals (MAT 1543 of 2004 and Ors.) is pending before the Hon'ble Division Bench, in which the validity of the Control Order, 2013 is also under challenge, and that any order touching the merits of those appeals would violate judicial discipline, the Court held: the State Authority may proceed with the selection process, but no licence shall be issued until disposal of that batch of appeals. State respondent directed to file a report in the form of affidavit within four weeks; petitioner may file exception within two weeks thereafter. Matter taken out of the list; liberty to mention; parties to act on server copy downloaded from the official website.

2.4. 2025 item No.29 n.b. ct. no.24

WPA 4660 of 2025

Md. Ismail Mondal

Vs.

The State of West Bengal & Ors.

Mr. Pingal Bhattacharyya, Mr. Snehasish Dey

…… for the petitioner.

Mr. Sirsanya Bandopadhyay,

…. For the State.

Affidavit-of-service filed on behalf of the petitioner, is taken on record.

The present petitioners challenged impugned vacancy notification for appointment of FPS dealer over the operational area, where the present petitioner is already running F.P. Shop dealership business with an unblemished track record and full satisfaction since long.

Mr. Pingal Bhatacharyya, learned advocate for the petitioner submits that the petitioner has challenged the vacancy notification on the ground that after promulgation of National Food Security Act, 2013 and Targeted Public Distribution (Control) Order, 2015, the Control Order 2013, on the basis of which the vacancy has been declared, has become redundant. He seeks for interim protection to the extent that the State can proceed with the selection process but should not grant licence till the

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issue is decided by this Court in batch of appeals, hearing of which has already been started.

Learned advocate for the State-respondents seeks to file report in the form of affidavit.

Learned advocate for the State submits that the batch of appeal which are pending before the Hon’ble Division Bench and the order passed by the Hon’ble Division Bench is only in respect of the appellant themselves i.e. the order in its nature, “ in personem ”. The interim order passed by the Division Bench cannot be made applicable in case of the present petitioner.

Learned advocate for the State respondent seeks to file report in the form of affidavit. Let such report in the form of affidavit be filed by the State respondent within four weeks from the date, exception, if any, be filed by the petitioner within two weeks thereafter.

It is true that some petitioners who approached before the Hon’ble Division Bench may have their right and the orders in respect of their personal right regarding their FPS are concerned, but, it appears that after promulgation of the National Food Security Act, 2013. The validity of the Control Order, 2013 is also challenged before the Hon’ble Division Bench. If any order passed by this Court during the pendency of the appeal it would otherwise touch the merit of that pending appeals, that will tantamount to be the violation of the judicial discipline of this Court.

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Considering the situations and considering the aforesaid submissions, State Authority is at liberty to proceed with the selection process but so far as the grant of licence is concerned, the same shall not be issued till the disposal of batch of appeals pending before the learned Division Bench being in MAT 1543 of 2004 and Ors.

Let the matter go out of the list.

Liberty to mention.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Subhendu Samanta, J.)