No Illegality In West Bengal’s Ration System, Rules Calcutta High Court

The Calcutta High Court has held that there is no illegality in the West Bengal door ration scheme, under which the Mamata Banerjee government delivers foodgrains to the doorsteps of beneficiaries. While ruling on a plea challenging the state government’s Dwarre ration scheme, Justice Krishna Rao noted that on an earlier occasion too, fair rate shop vendors had filed a petition on a comparable issue, but the high court, even then, did not intervene now. Duare Ration Scheme.

Justice Rao, passing the June 16 judgment, held that as per the provisions of the National Food Security Act (NFSA), 2013, it is the duty of the state authorities to ensure proper shipping or supply of food grains to the entitled persons. at fixed cost.

The court held that the country government’s choice to deliver food grains at the doorsteps of beneficiaries “cannot be violated by any provision of the NFSA”.

A writ petition filed before the court prayed that a notification of the state authorities on September 13, 2021 amending a section of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, be declared as “unconstitutional and highly prejudicial”. has been out of power) to the Essential Commodities Act, 1955 and the National Food Security Act, 2013.

Counsel for the petitioners submitted that the Central Government has the power to regulate and prohibit the manufacture, grant and distribution of essential commodities.

He said that the Central Government confers power on the State through notification but in this case, it has not conferred any power on the State of West Bengal.

Advocate General SN Mukherjee, acting for the state government, prayed that Duare Ration Scheme is an administrative order under NFSA, 2013 which makes the state government responsible for proper transportation of grain to the beneficiaries.