Npg Rice Mill Private Ltd. And ANR. v. State Of West Bengal And ORS.
27.02.2024 Ct. 654 D/L 19 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4764 of 2024 NPG Rice Mill Private Limited & Anr.
-VsState of West Bengal & Ors.
Mr. Debabrata Saha Roy Mr. Pingal Bhattacharyya, Mr. Subhankar Das ... for the petitioners Mr. Sirsanya Bandopadhyay Mr. Ritesh Kr. Ganguly ... for the State Affidavit of service filed on behalf of the petitioners is taken on record.
Leave is granted to the petitioners to correct the designation of the respondent no. 2 in the cause title of the writ petition.
This writ petition has been filed challenging the delisting/de-empanelling of the petitioners' rice mill by the District Controller (F&S), North 24-Parganas. The brief fact of the case is that the petitioner no. 1 is a private limited company under the name and style of "NPG Rice Mill Private Limited" registered under the Companies Act, 1956 and the petitioner no. 2 is one of the directors of the said company. The said company has been running the rice mill business under an
agreement with the Government of West Bengal, which was executed initially on 29th October, 2018 for Kharif Marketing Season (KMS) 2018-2019. For the period of Kharif Marketing Season (KMS) 2022-23, another agreement was executed on 21st October, 2022. However, for the period of Kharif Marketing Season (KMS) 2023-24, the petitioners were de-empanelled and no agreement was entered into. The petitioners made a representation to the Principal Secretary & Food Commissioner, Food & Supplies Department, Government of West Bengal on 27th December, 2023 for redressal their grievances.
However, such representation has not been considered the concerned authority. The petitioners have been verbally informed that due to arrest of one of the directors of the company the Enforcement Directorate, the petitioners' company has been de-empanelled. The petitioners are constrained to file the present writ petition challenging such de-empanelment.
Mr. Debabrata Saha Roy, learned advocate for the petitioners submits that since entering into an agreement with the Government of West Bengal for carrying on business of rice mill in the year 2018, there has been no adverse report against the petitioners. The performance of the petitioners was satisfactory and good. However, without any reasonable cause, the petitioners have been de-empanelled and supply of paddy has been totally stopped. As per the agreement,
the same can be terminated by Food & Supplies Department by giving at least 15 days notice. However, no such notice of termination was served upon the petitioners and on all of a sudden, the petitioners' company has been de-empanelled. The petitioners made a representation in this regard on 27th December, 2023, which has not been considered by the authority. He also indicates that since the petitioners were carrying on rice mill business on the basis of an agreement entered into in the year 2018, fresh application was never required.
In the light his aforesaid submissions, he prays for consideration the representation made the petitioners on 27th December, 2023.
Learned Advocate for the State-respondents submits that as per Clause 16.3 of Order on procurement for KMS 2023-2024 no rice-mill shall have any right to claim extra paddy on the ground that installed capacity is higher than any other rice-mill or any other reasons whatsoever. Further, any disputes and differences arising by and between the parties shall be referred to Arbitrator to be appointed by the Secretary, Food & Supplies Department, Government of West Bengal. Thus, the petitioners ought to have approached before the concerned authority for appointment of Arbitrator for a resolution which has not been done in the present case and accordingly, the present writ petition is liable to be dismissed.
It is not in dispute that the petitioners' company was carrying on business of rice mill on the basis of an agreement executed with the Government of West Bengal on 29th October, 2018 for Kharif Marketing Season (KMS) 2018-2019. For the period of Kharif Marketing Season (KMS) 2022-23, another agreement was also executed on 21st October, 2022. It is the specific case of the petitioners that they have been deempanelled. Admittedly, the allotment of paddy to the petitioners has suddenly been withheld by the State authorities without any notice to the petitioners. The petitioners approached way representation submitted before the concerned authority for redressal of their grievance which has not been considered.
In view of the above, the Principal Secretary & Food Commissioner, Food & Supplies Department, Government of West Bengal being the respondent no. 2 herein is directed to consider and dispose of the representation of the petitioners dated 27th December, 2023 within a period of three weeks from the date of communication of this order by passing a reasoned order in accordance with law after giving an opportunity of hearing to all concerned including the petitioners. The result such disposal shall be communicated to the petitioners within a week thereof. Learned advocate for the petitioners is directed to serve copy of this order upon respondent no.
Principal Secretary & Food Commissioner, Food & Supplies Department, Government of West Bengal. With the aforesaid directions, the writ petition being WPA 4764 of 2024 stands disposed of.
All connected applications, if any, stand disposed of.
Interim order, if any, stands vacated.
There shall be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.
( Bivas Pattanayak, J.)