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2002 DIGILAW 702 (CAL)

Manik Chandra Sarkar v. State of West Bengal

2002-11-28

Alok Kumar Basu, Altamas Kabir

body2002
JUDGMENT Altamas Kabir, J. This appeal has been preferred by Shri Manik Chandra Sarkar and 62 others pursuant to leave granted by this Court on 13th July, 2001 and is directed against orders dated 27th April, 2001, 16th May, 2001 and 18th May, 2001, passed by the learned Single Judge in W.P. No. 6136(W) of 2001, filed by one Lakki Kanta Sarkar and 38 others, directing that the status quo as on 27th April, 2001, with regard to supply of whole wheat instead of Atta be maintained by the parties. 2. The petitioners in W.P. No. 6136(W) of 2001 claim to be a cross-section of ration card holders below and above the poverty line who have been drawing weekly ration articles through the Public Distribution System in Kalimpong Sub-Division. In the writ petition they have challenged a Memorandum No. 951/FS dated 7th March, 2001, issued by the Joint Secretary, Food and Supplies Department, Government of West Bengal, to the Director, District Distribution, Procurement and Supply, Government of West Bengal, indicating that the peoples representatives of Darjeeling District and Gorkha National Liberation Front ("G.N.L.F." for short), Kalimpong Branch, had been pressing for distribution of whole Meal Atta through the Public Distribution System in Kalimpong Sub-Division as was prevailing in Sadar Sub-Division of Darjeeling district. It was indicated in the said Memorandum that a similar proposal had been received from the District Magistrate of Darjeeling also. It was pointed out that the matter had been considered by the Food and Supplies Department, Government of West Bengal, which had directed that the ration card holders of Kalimpong Sub-Division would get Whole Meal Atta on a scale of 500 Grms. per head per week in addition to 250 Grms. of wheat per head per week in respect of the adult card holders. The said amount would be reduced to half in the case of minors. In the said Memorandum, the District Magistrate was directed to take all steps to implement the scheme of distribution of whole Meal Atta in Kalimpong Sub-Division through the Public Distribution System and to ensure that such Whole Meal Atta reached the actual consumers and that the quality thereof was maintained. The said Memorandum dated 7th March, 2001, was directed to be given effect immediately. According to the petitioners the same had not been implemented in Kalimpong Sub-Division at the time of moving of the writ application. 3. The said Memorandum dated 7th March, 2001, was directed to be given effect immediately. According to the petitioners the same had not been implemented in Kalimpong Sub-Division at the time of moving of the writ application. 3. According to the writ petitioners, the contentions contained in the said Memorandum dated 7th March, 2001, were fabricated and that the local M.L.A. belonging to the G.N.L.F., who was also a Councillor of the Darjeeling Gorkha Hill Council, had voiced his protest against the introduction of the supply of Atta in Kalimpong Sub-Division. The writ petitioners contended that the same would be evident from two letters dated 6th June, 2000 and 9th October, 2000 written by Shri Goulan Lepcha wherein it was stated that the introduction of supply of whole Meal Atta in Kalimpong Sub-Division would be against the interest of the poor people of Kalimpong Sub-Division. According to the petitioners, a similar letter was addressed by Shri C.K. Pradhan, President, G.N.L.F., Kalimpong branch, on 4th October, 2000 to the Minister-in-Charge, Food and Supplies Department, Government of West Bengal, wherein it was stated that, although, he had earlier written on 3rd August, 2000, that the supply of Atta through Public Distribution System in Kalimpong Sub-Division should be introduced, he subsequently received several representations from the general public of the Sub-Division requesting him to ensure the continuity of supply of wheat through the Public Distribution System instead of Atta in view of the climatic conditions in the area. Mr. Pradhan requested the Minister-in-Charge of the said department to ensure that the supply of wheat was continued through the Public Distribution System in Kalimpong Sub-Division to the tune of 950 Grms. per week per head as was in force in the Sadar Sub-Division of Darjeeling. 4. The writ petitioners also pointed out that immediately after the issuance of the impugned Memorandum dated 7th March, 2001, the above-named Goulan Lepcha, M.L.A. and Councillor Kalimpong D.G.H.C., wrote to the Chief Minister - and the Minister-in-Charge, Food and Supplies Department, Government of West Bengal referring to his earlier letters and writing that the public in Kalimpong Sub-Division were not willing to take Whole Meal Atta through the Public Distribution System and that any attempt to enforce the decision to supply Whole Meal Atta would meet with serious agitation from the local people. 5. 5. In addition to the above, it was pointed out in the writ petition that there were two prevailing prices for wheat sold through the Public Distribution System. For consumers below the poverty line, the rate was fixed at Rs. 4.65 per kg and for consumers above the poverty line the rate was fixed at Rs. 5.50 per kg. Taking crushing charge of wheat to be 50p. per kg the total price for the first category would amount to Rs. 5.15 per kg and for the second category such price would be Rs. 6/- per kg. In the new system of distribution of Whole Meal Atta by the State Government such retail price, would uniformly be Rs. 6.50 for all consumers, both below and above the poverty line, and would strike at the very concept of Public Distribution System, namely, making food articles available for consumption at the lowest affordable price. 6. Another argument put forward for continuance of the system of supply of wheat instead of whole Meal Atta was that the hill people had been traditionally carrying on the practice of grinding wheat manually in their homes and consequently no crushing charges were involved. Furthermore, wheat could be preserved for a long time, but atta could not be preserved for as long as wheat due to the wet and humid climatic conditions prevalent in the hill areas. It was pointed out that except for artificial pushing up the cost of atta, thereby harming the economically weaker section of the people, the impugned measure would not achieve or render any public purpose. 7. A specific allegation of mala fide has also been pleaded in the writ petition and it has been contended that the respondents concerned had acted hand in glove with a section of flour mill owners for whose benefit the impugned decision had been taken. The writ petitioners prayed for quashing of the said Memorandum dated 7th March, 2001, issued by the Joint Secretary, Department of Food and Supplies, Government of West Bengal. 8. As indicated hereinabove, the appeal under consideration was filed by Shri Manik Chandra Sarkar and 62 others and the orders dated 27th April, 2001, 16th May, 2001 and 18th May, 2001, passed in the aforesaid writ petition directing maintenance of status quo as on 27th April, 2001 with regard to supply of whole Meal Atta in respect of wheat. 9. As indicated hereinabove, the appeal under consideration was filed by Shri Manik Chandra Sarkar and 62 others and the orders dated 27th April, 2001, 16th May, 2001 and 18th May, 2001, passed in the aforesaid writ petition directing maintenance of status quo as on 27th April, 2001 with regard to supply of whole Meal Atta in respect of wheat. 9. On 15th May, 2001, the Kalimpong Atta Chakki Association and 11 others moved a writ petition, being W.P. 7011(W) of 2001, and also prayed for quashing of the above mentioned Memorandum dated 7th March, 2001, mainly on the ground that the said Memorandum to supply Whole Meal Atta through the ration shops would result in total dislocation of business for the petitioner Association and its members, leading to closure of atta chakki shops throughout Kalimpong Sub-Division, as they were dependant almost wholly on crushing operation of wheat brought to them by ration card holders. It was pleaded that the same would have the effect of violating their rights guaranteed under Article 19(i)(g) of the Constitution and would also adversely affect their right to life and livelihood guaranteed by Article 21 of the Constitution. It was also the case of the said writ petitioners that there is no local production of wheat or maize or millet or bajra in the Kalimpong hilly areas and if Whole Meal Atta was to be provided through the Public Distribution System, the Atta Chakki shops would have no alternative operational opportunities and would have to close down. 10. The appellants in the appeal also claim to be residents of diverse places in Kalimpong Sub-Division and are in favour of the decision of the State Government in its Department of Food and Supplies of distributing Whole Meal Atta through the Public Distribution System, in addition to wheat. It is their case that in the late 90's the Government of West Bengal constituted a Task Force whereby a Canada-based organisation supported by the World Health Organisation and the World Bank, was entrusted to implement and integrate a Micro Nutrient Initiative Programme for the State. The said organisation selected various ongoing schemes of the Department of Food and Supplies as part of their programme and pursuant thereto the scheme of distribution of Whole Meal Atta through Public Distribution System was introduced in the hill areas of Darjeeling Sadar Sub-Division in April, 1998. The said organisation selected various ongoing schemes of the Department of Food and Supplies as part of their programme and pursuant thereto the scheme of distribution of Whole Meal Atta through Public Distribution System was introduced in the hill areas of Darjeeling Sadar Sub-Division in April, 1998. The State Government had approved the scheme of distribution of fortified Whole Meal Atta manufactured by selected roller flour mills through the Public Distribution System in the Sadar Sub-Division of Darjeeling District. The appellants claimed that under the new scheme the combined quantum of Atta and Wheat per head is more than the per head quota of wheat and instead of causing loss to any individual it would benefit the ration card holders. It was also urged that the Whole Meal Atta to be distributed every week through the Public Distribution System was not meant to be preserved but to be utilized within the week itself, which was the very concept and object of the Public Distribution System. 11. Lastly, the case of the appellants is that the decision of the State Government to introduce the distribution of fortified Whole Meal Atta was not a case for judicial review as there was no mala fide intention on the part of the Government in implementing the proposed scheme. 12. During the pendency of these matters, one Saano Bhai Tamang and 551 others filed an application for being added as parties in the writ petition filed by Lakki Kanta Sarkar and Ors. [W.P. 6136(W) of 2001] on the ground that they were similarly circumstanced as the petitioners in the said writ petition. By order dated 16th May, 2001, the said applicants were granted leave to intervene in the writ petition and by order dated 18th May, 2001, they were also given liberty to file their affidavits in the matter. 13. On consent of all the parties in the appeal, leave was granted to the writ petitioners in W.P. No. 7011(W) of 2001, Kalimpong Atta Chakki Association, to intervene in the appeal and on further consent of the parties on 14th August, 2001, a direction was given for hearing of both the writ applications along with the appeal and the stay application filed therein. 14. On behalf of Manik Chandra Sarkar and the other appellants in the appeal, it was contended by Mr. 14. On behalf of Manik Chandra Sarkar and the other appellants in the appeal, it was contended by Mr. Saktinath Mukherjee that the decision taken by the State Government to distribute the Whole Meal fortified Atta in Darjeeling Sadar, and, thereafter in Kalimpong Sub-Division, was in the interest of the residents of the said area. Mr. Mukherjee submitted that in consultation with the Task Force constituted by the Government of West Bengal, Micro Nutrient Initiative, a Canada-based organisation supported by World Health Organisation and the World Bank had developed a programme of distribution of fortified Whole Meal Atta through the Public Distribution System in the hill areas of Darjeeling Sadar Sub-Division. The same was introduced in the said area vide Memo No. G-398-FS dated 6th April, 1998 issued by the Department of Food and Supplies, Government of West Bengal. The said scheme having been approved by the State Government, it was also decided to extend the same in the hilly areas of Darjeeling district and the District Magistrate, Darjeeling, was authorised to take necessary steps in that regard. 15. Mr. Mukherjee submitted that after its successful introduction in the area covered by the Darjeeling Sadar Sub-Division, requests were made by the peoples representative of Darjeeling District and the G.N.L.F. Kalimpong Branch, to introduced the said scheme in Kalimpong Sub-Division as well. Mr. Mukherjee submitted that on consideration of the said requests the State Government by its Memo dated 7th March, 2001, directing that the ration card holders of Kalimpong Sub-Division would receive 500 Grms. of Whole Meal Atta per head per week in addition to 250 Grms. of wheat per head per week in respect of an adult card holder. The same amount would be reduced to half in - the case of a minor. The District Magistrate, Darjeeling, was directed to take all steps for implementation of the scheme throughout Kalimpong Sub-Division through the Public Distribution System, and the order was directed to come into force immediately. 16. Mr. Mukherjee added that under the old scheme of distribution adult ration card holders were entitled to receive 500 Grms. of wheat only per week, whereas under the new scheme the ration card holders would now be entitled to receive not only 250 Grms. of wheat but also 500 Grms. of fortified Whole Meal Atta, representing an increase of 250 Grms. Mr. of wheat only per week, whereas under the new scheme the ration card holders would now be entitled to receive not only 250 Grms. of wheat but also 500 Grms. of fortified Whole Meal Atta, representing an increase of 250 Grms. Mr. Mukherjee urged that as far as people living in the remote areas of the Kalimpong Sub-Division were concerned, where the facilities of crushing of wheat are minimum, the distribution of crushed Whole Meal Atta through the Public Distribution System would be a great boon and benefit to the public since the same would eliminate the necessity of travelling long distances for crushing of wheat in the Atta Chakki shops. Mr. Mukherjee urged that the writ application had been filed in collusion with certain private individuals who were interested in preserving their wheat crushing businesses and were opposed to the distribution of crushed atta to the consumers. 17. Mr. Mukherjee submitted that in addition to the above, it could not also be lost sight of that Whole Meal Atta was different from ordinary crushed atta. According to Mr. Mukherjee, Whole Meal Atta contains bran and other micro ingredients which are very beneficial to health and were not present in ordinary atta and that the same had the approval of W.H.O. and the World Bank. 18. It was urged that the writ applications were both against the public interest and were liable to be dismissed and the interim orders passed therein were also liable to be vacated. 19. Appearing in support of the writ petition filed by Lakki Kanta Sarkar and Others and opposing the appeal preferred by Manik Chadra Sarkar and Others, Mr. Hirak Mitra submitted that the decision taken by the State Government to provide Whole Meal Atta instead of wheat through the Public Distribution System was against the interest of the people of the hills of Darjeeling district. Mr. Mitra submitted that although the said scheme had been introduced in the Sadar Sub-Division of Darjeeling district, the same had to be withdrawn on account of opposition from the local consumers. 20. According to Mr. Mitra, the elimination of reserved price for consumers living below the poverty line and equating them with others who are more effluent would have the effect of nullifying the Public Distribution System. Mr. 20. According to Mr. Mitra, the elimination of reserved price for consumers living below the poverty line and equating them with others who are more effluent would have the effect of nullifying the Public Distribution System. Mr. Mitra emphasised the fact that while under the present system consumers below the poverty line would be able to procure crushed atta at the rate of Rs. 5.15 per kg under the new system they would have to uniformly with others procure the same commodity at Rs. 6.50 per kg. Mr. Mitra urged that an increase of almost Rs. 1.50 per kg would cause great hardship to such consumers below the poverty line who constituted a large section of the ration card holders of Kalimpong Sub-Division. 21. Mr. Mitra also submitted that by introducing the distribution of Whole Meal Atta in place of Whole wheat an unnecessary element, namely, the flourmill owner, had been introduced between the ration card holders and the Public Distribution System. It was urged by Mr. Mitra that, in fact, the decision to provide Whole Meal Atta crushed by selected flour mills had been contemplated not to benefit the public at large, but a section of flour-mill owners who would benefit thereby. Mr. Mitra repeated and reiterated the stand taken in the writ petition that it was the normal practice of the women folk in the hill areas to grind wheat manually in their homes. Thereby eliminating even the cost of crushing of wheat at the rate of 50 p. per kg. Furthermore, it was easier to preserve wheat in its granular form in comparison to atta, particularly since in keeping with the dietary habits of hill folk, wheat was not always utilised for the purpose of reducing the same to flour/atta. 22. Mr. Mitra submitted that although, the decision to supply fortified whole Meal Atta through the Public Distribution System was basically a matter of policy of the State Government, such decision was amenable to the writ jurisdiction of the Court since it was arbitrary and/or contrary to public policy. Mr. Mitra conceded that though the Court is hesitant to interfere with matters involving policy decisions of the executive, the said principle was not absolutely unqualified. Mr. Mr. Mitra conceded that though the Court is hesitant to interfere with matters involving policy decisions of the executive, the said principle was not absolutely unqualified. Mr. Mitra submitted that a Division Bench of this Court had in the case of Sree Jagadamba Coke Manufacturing Enterprise vs. Union of India, AIR 1989 Cal 337 , observed, inter alia, that there is no manner of doubt that the State authorities can frame public policy which cannot be challenged but in framing such policy or implementing the same, if the statutory right of any party is violated or the fundamental rights guaranteed by the Constitution of India are infringed, the Court is certainly within its jurisdiction to scrutinise such public policy framed by the executive authority and strike down the same or part thereof which either infringes any statutory right or comes into conflict with any provision of the Constitution of India. It was observed further that law is well-settled that the State and/or public bodies in discharging duties and functions of public nature must not act arbitrarily or capriciously and in framing such policy or implementing the same, there should not be any hostile discrimination against anyone similarly circumstanced unless for a very good and cogent reason any deviation from the general principle or consequence is justified. 23. In support of the submissions made by him, Mr. Mitra firstly inferred to a letter dated 9th May, 1996, written by the Director, District Distribution, Procurement and Supply, to the District Controller, Food and Supplies, Darjeeling, informing him that the Government had decided to keep in abeyance the scheme of distribution of Whole Meal Atta from the month of May, 1996 and only the stocks of such whole Meal Atta already in hand or under process would continue to be distributed till the same was exhausted. Mr. Mitra then referred to another letter dated 3rd March, 1997, written on behalf of the State Government, in its Food and Supplies Department, to the District Controller, Food and Supplies, Darjeeling informing him of the decision of the State Government to discontinue the supply of whole Meal Atta through the Public Distribution System with effect from the 1st week of March, 1997. A similar letter dated 11th February, 1998, addressed to the District Magistrate, Darjeeling and the District Controller, Food and Supplies, Darjeeling informing them of the decision to keep in abeyance the programme of distribution of Whole Meal Atta, was also referred to by Mr. Mitra. Mr. Mitra submitted that the decision to distribute fortified Whole Meal Atta through the Public Distribution System had been kept in abeyance primarily on account of the fact that as would appear from a letter from the State Micro Nutrient Initiative Project to the District Magistrate, Darjeeling, dated 7th August, 2000, the ground atta was of a very poor quality and unfit for human consumption. The District Magistrate was requested to conduct a discreet enquiry into the matter and to let the authorities of the State Micro Nutrient Initiative know the state of affairs as quickly as possible. 24. Referring to various press reports which supported the case of the writ petitioners, Mr. Mitra submitted that while news items are not normally relied upon by the courts, they could be taken into account with other evidence, if other evidence such as the letters referred to hereinabove from the Department of Food and Supplies, to the District Magistrate and the District Controller of Food and Supplies. Darjeeling, were available. 25. Mr. Mitra lastly contended that the writ petitioners though different individuals, were united in a common cause and were, therefore, entitled to maintain the writ application together. 26. In this regard, Mr. Mitra referred to the decision of the Hon'ble Supreme Court in Bangalore Medical Trust vs. B.S. Muddappa, reported in AIR 1991 SC 1902 , wherein it was observed that the restricted meaning of "aggrieved person" and the narrow outlook of "specific injury" had yielded in favour of broad and wide construction in the wake of public interest litigation. It was also observed that in fact, public-spirited citizens having faith in the rule of law are rendering great social and legal service by espousing causes of public nature, and they cannot be ignored or overlooked on the technical or conservative yardstick of the rule of locus standi or the absence of personal loss or injury. 27. Certain other decisions in this regard were cited by Mr. 27. Certain other decisions in this regard were cited by Mr. Mitra, including a decision of the Hon'ble Supreme Court in the case of Comptroller and Auditor General of India vs. K.S. Jagannathan, reported in AIR 1987 SC 537 , wherein it was, inter alia, held that exercise of discretion, if, exercised mala fide by the Government, could be interfered with by the Courts so as not to frustrate the object of conferring such discretion and in appropriate cases, the Court may itself pass an order or give directions which the Government or the public authority should have passed or given had it properly and lawfully exercised its discretion. 28. Mr. Mitra urged that the arms of the Court were long enough to rectify the wrong caused to the petitioners and the people of Darjeeling Sub-Division and to restore the system as prevailing prior to the introduction of such decision. Mr. Mitra urged that the impugned Memorandum issued by the State Government on 7th March, 2001, in its Food and Supplies Department was liable to be quashed. 29. Mr. Arun Prokash Sircar, who appeared for the intervenors, Saano Bhai Tamang and 51 others, in the appeal preferred by Manik Chandra Sarkar and others, opposed Mr. Saktinath Mukherjee's submissions and adopted the arguments advanced by Mr. Hirak Mitra on behalf of the writ petitioners in W.P. No. 6136(W) of 2001. Mr. Sircar laid special emphasis on the allegation that the impugned Memorandum dated 7th March, 2001, had been issued to serve the mala fide interest of certain selected flour mill owners who were entrusted with the crushing of the wheat to be supplied through the Public Distribution System as fortified Whole Meal Atta. 30. Also referring to the observation made on behalf of Micro Nutrient Initiative that the quality of atta as supplied was not fit for human consumption, Mr. Sircar submitted that after such an observation the decision of the State Government to continue to supply such fortified Whole Meal Atta to the Public at large in the district of Darjeeling was most unfortunate and such action could not be sustained. 31. Mr. Sircar submitted that after such an observation the decision of the State Government to continue to supply such fortified Whole Meal Atta to the Public at large in the district of Darjeeling was most unfortunate and such action could not be sustained. 31. Mr. Sircar also pointed out that an attempt had been made to introduce the scheme in the Sadar area of Darjeeling district, but the said decision had to be withdrawn because of local agitation and inspite of such opposition from the actual consumers the State Government in its Department of Food and Supplies chose to ignore the sentiments of the said consumers and decided to re-implement the scheme not only in the Sadar Area of Darjeeling district but also within the Kalimpong Sub-Division. 32. Mr. Sircar urged that consumption of wheat by the hill people of Kalimpong Sub-Division was not only in the form of atta but in other forms as well, such as, Dalia, Khichri, Sattu etc. and by reducing the quantity of wheat and supplying ground atta instead, consumers were being prejudiced in their food habits. 33. In support of his allegation of mala fide Mr. Sircar referred to certain letters annexed with the affidavit-in-opposition affirmed on behalf of the State in connection with W.P. No. 6136(W) of 2001. Mr. Sircar firstly referred to a letter dated 19th/23rd October, 2000, written by the District Magistrate, Darjeeling, to the Commissioner of Food and Ex-Officio Secretary, Department of Food and Supplies, Government of West Bengal, forwarding a letter dated 21st September, 2000, from the Director, Marie Gold Industries Private Ltd. praying for extension of the scheme of distribution of Whole Meal Atta to Kalimpong as well. Mr. Sircar submitted that from the said letter it would be evident as to who were to be the real beneficiaries in the case of introduction of the scheme of distribution of fortified Whole Meal Atta in Kalimpong Sub-Division. 34. Mr. Sircar also referred to a letter dated 14th September, 2000, written by the Executive Councillor-in-Charge, Department of Industries, Darjeeling Gorkha Hill Council, to the Principal Secretary, Darjeeling Gorkha Hill Council, indicating that the selected flour mills were crushing wheat in a very scientific manner and the object of crushing and distribution to the Kalimpong area should be entrusted to the flour mill owners who were then supplying atta in Darjeeling Sub-Division. 35. Mr. 35. Mr. Sircar pointed out that, although, the President of the Kalimpong Branch Committee of the G.N.L.F. had taken different stands at different points of time for introduction of the aforesaid scheme in Kalimpong Sub-Division, he ultimately by a letter dated 5th October, 2000 requested the Government not to introduce the scheme in Kalimpong Sub-Division. 36. Mr. Sircar lastly referred to a letter dated 7th March, 2000, from the Joint Secretary in the Department of Food and Supplies, Government of West Bengal, to the District Magistrate, Darjeeling, stating that in his Memo dated 19th/23rd October, 2000, it had been indicated that Marie Gold Industries Private Ltd. had approached the District Magistrate, Darjeeling, with a prayer for allowing them to supply atta through the Public Distribution System in Kalimpong Sub-Division. In the said letter one other flour mill, namely, Darjeeling Flour Mill Pvt.(L) was also named and it was mentioned that they had addressed a letter to the Minister-in-Charge intimating their willingness to take over the work of crushing wheat and distribution of Whole Meal Atta through the Public Distribution System in Kalimpong Sub-Division. 37. Mr. Sircar submitted that it would be amply clear from the above correspondence that the decision to distribute fortified Whole Meal Atta in Kalimpong Sub-Division through the Public Distribution System was not meant to benefit the consumers of ration articles in Darjeeling district, but to benefit certain selected flour mills who would be entrusted with the work of crushing the wheat for distribution. Mr. Sircar submitted that the same would be evident from the vaccilating attitude of the selected representative and functionaries of the Darjeeling Gorkha Hill Council. 38. Mr. Sircar then urged that the appellants had no locus standi to maintain the appeal since apart from the statements made in the application for leave to appeal, no documentary evidence had been supplied to corroborate their claim that they were genuine ration-card holders of Darjeeling district. 39. Mr. Sircar added his voice to the prayer made on behalf of the writ petitioners in W.P. No. 6136(W) of 2001, and urged that the impugned Memorandum dated 7th March, 2001 issued by the Joint Secretary, Department of Food and Supplies be quashed. 40. The stand taken on behalf of the writ petitioners and the intervenors, was strongly opposed on behalf of the State Government and also by the writ petitioners in W.P. No. 7011(W) of 2001. 41. 40. The stand taken on behalf of the writ petitioners and the intervenors, was strongly opposed on behalf of the State Government and also by the writ petitioners in W.P. No. 7011(W) of 2001. 41. On behalf of the State it was urged by Mr. Tapan Dutta that although an attempt had been made to misrepresent the intention of the State Government in introducing the scheme of supplying of fortified Whole Meal Atta through the Public Distribution System throughout Darjeeling District, such scheme was beneficial to the interest of the consumers who had extended their support to such decision. 42. Mr. Dutta submitted that although at one stage the decision to distribute Whole Meal Atta in Darjeeling Sadar Sub-Division was kept in abeyance, it was re-introduced in the said area in or about the month of April, 1998, and, thereafter, it had met with the approval of the consumers. 43. Mr. Dutta referred to a letter dated 19th October, 2000, written by the District Magistrate, Darjeeling, to the Project Manager, State Micro Nutrient Initiative Project, being Annexure R-I to the opposition affirmed on behalf of the State and its authorities, wherein it was indicated that as far as quality of Whole Meal Atta distributed through the Public Distribution System in Sadar Sub-Division of Darjeeling was concerned, such stock of atta was being duly lifted by consumers who were satisfied about its quality. 44. Regarding the letters written by the District Magistrate, Darjeeling, as also the Joint Secretary to the Government of West Bengal in its Food and Supplies Department dated 19th/23rd October, 2000, and 7th March, 2001, respectively, Mr. Dutta submitted that on receipt of the proposal sent by the flour mills indicated therein, the scheme was duly forwarded for consideration and such step taken could not by any stretch of imagination be said to have been taken with the mala fide intention of providing the said flour mills with the work of crushing wheat with the intention of imposing the said commodity on the consumers within the district of Darjeeling against their wishes. 45. Mr. Dutta then submitted that when the project had been examined and approved by the World Health Organisation, it would be quite irrational for any person to contend that Whole Meal Atta fortified with vitamins and nutrients would not benefit the consumers, especially in the hilly regions of Darjeeling district. 46. Mr. 45. Mr. Dutta then submitted that when the project had been examined and approved by the World Health Organisation, it would be quite irrational for any person to contend that Whole Meal Atta fortified with vitamins and nutrients would not benefit the consumers, especially in the hilly regions of Darjeeling district. 46. Mr. Dutta lastly referred to a letter dated 16th May, 2001, written by Shri Gaulan Lepcha to the Food Commissioner, which is re-produced herein-below: Ref. No. F/K. P.G./(i)-118 Date: 16/5/01 To The Food Commissioner, 11-A, Mirza Ghalib Street, Kolkata. Sir, I beg to bring to your kind notice that some people has communicated to you opposing implementation of Atta Scheme in Kalimpong Sub-Division, in my letter head, which is totally false and fabricated to malign me. The letter did not carry my signature. Whereas the whole people of the said area are demanding the earliest introduction of the above scheme in Kalimpong area. It is further found that the same scheme is running successfully in Sadar Sub-Division of Darjeeling district and it has truly benefited the public by providing atta regularly. And to gear up the implementation of the above scheme, the heads of the departments concerned, viz. Councillors of Kalimpong Sub-Division, M.P. Darjeeling, D.M. Darjeeling, Principal Secretary, D.G.H.C., have unanimously decided to introduce the above scheme as early as possible for the benefit of the entire people of Kalimpong Sub-Division. l, therefore, request you to take immediate and necessary steps for the introduction of atta scheme in Kalimpong at the earliest and the letter dated 14th March, 2001, as communicated to you by some unsocial element which may kindly be ignored. Thanking you, Yours faithfully, Sd. Gaulan Lepcha Copy to. (1) D.D.P.S. Food & Supply Dept. Kolkata (2) D.C.F. & S. Siliguri at Darjeeling. 47. Mr. Dutta submitted that it would be evident from the said letter that it was on the unanimous desire of the people of Kalimpong Sub-Division that the decision was taken to introduce the aforesaid scheme in Kalimpong Sub-Division. Mr. Dutta submitted that the writ petition was, in fact, motivated and filed by a minuscule section of the people of Kalimpong Sub-Division who were interested in preventing the majority of the consumers from benefiting from the supply of fortified Whole Meal Atta. 48. Mr. Mr. Dutta submitted that the writ petition was, in fact, motivated and filed by a minuscule section of the people of Kalimpong Sub-Division who were interested in preventing the majority of the consumers from benefiting from the supply of fortified Whole Meal Atta. 48. Mr. Dutta concluded on the note that the policy decisions of the Government are normally based on exhaustive expert conclusions and normally the Courts restrain themselves from exercising powers of judicial review over such policy decisions. Referring to the decision of the Hon'ble Supreme Court in the case of Shri Sitaram Sugar Company Ltd. vs. Union of India, reported in AIR 1990 SC page 1277, Mr. Dutta urged that as had been observed in the said decision the Court does not substitute its judgment for that of the legislature or its agents as to matters within the province of others. The Court does not supplant the "feel of the expert" by its own views. 49. In this regard, Mr. Dutta also referred to the decision of the Hon'ble Supreme Court in the case of Krishnan Kakanth vs. Government of Kerala & Ors., reported in AIR 1997 SC page 128, wherein it was observed that in order to ascertain the unreasonableness and arbitrariness of a policy decision of the Government in the context of Article 14 of the Constitution it was not necessary to enter upon any exercise for finding out the wisdom of such policy decision and unless the same was demonstrably capricious or arbitrary and not informed by any reason whatsoever or it suffered from the vice of discrimination or infringed any statute or the provisions of the Constitution, the policy could not be struck down. 50. Mr. Dutta submitted that in the instant case nothing unreasonable or arbitrary in respect of the aforesaid policy decision of the State Government had been brought out by the writ petitioners in the two writ petitions which would invite intervention by this Court in its writ jurisdiction. 51. The writ petition filed by Lakki Kanta Sarkar & Ors. was also strongly opposed by the writ petitioners in W.P. No. 7011(W) of 2001, namely, Kalimpong Atta Chakki Association & Ors. 52. Appearing in support of the writ petition filed by the Association, Mr. 51. The writ petition filed by Lakki Kanta Sarkar & Ors. was also strongly opposed by the writ petitioners in W.P. No. 7011(W) of 2001, namely, Kalimpong Atta Chakki Association & Ors. 52. Appearing in support of the writ petition filed by the Association, Mr. Moloy Kumar Basu also questioned the Memorandum dated 7th March, 2001, issued by the Joint Secretary, Food and Supplies Department, Government of West Bengal on grounds in addition to those taken on behalf of the writ petitioners in W.P. No. 6136(W) of 2001. 53. Mr. Basu contended that the decision to introduce the supply of fortified Whole Meal Atta through the Public Distribution System in Kalimpong Sub-Division of Darjeeling district would strike a death blow to atta chakki owners all over the district. It was urged that on the ground of non-production and/or non-availability of Maize, Wheat, Millet or Bajra the atta Chakki owners would be compelled to close down their businesses on account of total loss of business. Mr. Basu urged that once the aforesaid decision was implemented, there would be little scope of grinding wheat for the local consumers and the aforesaid Memorandum dated 7th March, 2001, would have the effect of subjecting the Association and its members to harsh and unequal treatment and would interfere with their right to carryon trade and business and to earn their livelihood therefrom. 54. Regarding the submission made by Mr. Dutta about the Courts hesitation in interfering with matters involving policy decisions of the Government, Mr. Basu urged that while such a proposition was in keeping with the circumstances mentioned therein, the opposite had been made clear in the latter judgment cited by Mr. Dutta in the case of Krishnan Kakanth (supra) wherein it had been clearly indicated that under certain circumstances even policy decisions of the Government could be judicially reviewed. 55. In this regard, Mr. Basu referred to another decision of the Hon'ble Supreme Court in the case of District Collector of Hyderabad vs. Ibrahim & Company, reported in AIR 1970 SC page 1275, wherein it was, inter alia, observed that executive action of the State Government which is otherwise invalid is not immune from attack. 56. Mr. 55. In this regard, Mr. Basu referred to another decision of the Hon'ble Supreme Court in the case of District Collector of Hyderabad vs. Ibrahim & Company, reported in AIR 1970 SC page 1275, wherein it was, inter alia, observed that executive action of the State Government which is otherwise invalid is not immune from attack. 56. Mr. Basu submitted that the decision to introduce the scheme of distribution of Whole Meal Atta in Kalimpong Sub-Division of Darjeeling district was liable to be quashed on the aforesaid grounds as well as those taken on behalf of the writ petitioners in the other writ application. 57. In this appeal and the two writ applications being heard together we are faced with two sets of views expressed by two sets of residents of Kalimpong Sub-Division of Darjeeling district regarding the introduction of the Government's decision to supply fortified Whole Meal Atta through the Public Distribution System partly in place of wheat. The law relating to judicial scrutiny of policy decisions of the Government had been repeatedly discussed by the Hon'ble Supreme Court in various decisions. In Ugar Sugar Works Limited vs. Delhi Administration & Ors., reported in (2000) 3 SCC page 635, it was observed that unless a policy decision was found to be promoted by mala fides or was unreasonable arbitrary or unfair, Courts would not interfere with such decision in exercise of their power of judicial review. It was also held that the only fact that the policy may hurt the business interest of a party could not justify interference with such policy. 58. In our view, the aforesaid decision very succinctly explains the situation in which Courts may judicially review a policy decision of the Government. 59. The same view has been expressed in Krishnan Kakanth's case (supra) wherein it has been stated that unless the policy decision is demonstrably capricious or arbitrary and not informed by any reason whatsoever or it suffers from the vice of discrimination or infringes any statute or provision of the Constitution the policy decision cannot be struck down. 60. The submissions made on behalf of the respective parties will have to be tested in the light of the observations of the Hon'ble Supreme Court in the above two decisions. 61. 60. The submissions made on behalf of the respective parties will have to be tested in the light of the observations of the Hon'ble Supreme Court in the above two decisions. 61. In our view, the mere fact that the applications of two separate flour mills had been forwarded by the District Magistrate, Darjeeling and the Joint Secretary, Department of Food and Supplies, Government of West Bengal, for consideration, does not disclose any mala fide intention on the part of the Government to favour the said flour mill owners to the detriment of the interest of the public at large in the district of Darjeeling and in particular in its Kalimpong Sub-Division. The letter written by Shri Gaulan Lepcha on 16th May, 2001, to which reference has been made hereinabove, cannot be ignored since he is the elected representative of the area in question and is also the nominated Councillor of the Kalimpong Darjeeling Gorkha Hill Council. In his said letter Shri Lepcha had categorically stated that the people of the Kalimpong Sub-Division area were demanding the earliest introduction of the Whole Meal Atta scheme in Kalimpong Sub-Division. A request was made for taking immediate steps for introduction of the said scheme in Kalimpong at the earliest. 62. As we have noted hereinbefore, the Courts do not normally interfere with the policy decisions of the Government to test the correctness of such decision unless the same is tainted with mala fide, arbitrariness, unreasonableness or perversity. 63. We do not find any of the aforesaid elements in the said decision of the State Government to introduce the aforesaid scheme in Kalimpong Sub-Division, particularly when the elected representative of the area himself requested its early introduction. While the introduction of the scheme may prove detrimental to the interest of the Atta Chakki Owners the same in our view cannot be a justification for interference with the decision of the State Government to implement the aforesaid policy in the public interest and for the larger benefit of the consumers of the area. 64. We accordingly see no reason to interfere with the decision of the State Government to implement its aforesaid decision in the Kalimpong Sub-Division, as contained in the impugned Memo dated 7th March, 2001, written by the Joint Secretary, Food and Supplies Department, Government of West Bengal. 65. 64. We accordingly see no reason to interfere with the decision of the State Government to implement its aforesaid decision in the Kalimpong Sub-Division, as contained in the impugned Memo dated 7th March, 2001, written by the Joint Secretary, Food and Supplies Department, Government of West Bengal. 65. Both the writ applications are, accordingly, dismissed and the interim order passed therein are vacated. Consequently, the appeal succeeds and is allowed. The application for stay is also disposed of accordingly. 66. There will be no order as to costs. 67. If an urgent xerox certified copy of this judgment is applied for, the same is to be supplied to the applicant expeditiously, subject to compliance with all the required formalities. Alok Kumar Basu, J.: I agree. Appeals allowed.