Calcutta High Court
Administrative and Public LawCivil Procedure and Evidence

Authorities must independently and lawfully reconsider disproportionate delinking of ration cards from existing FPS dealers.

AJOY KUMAR GHOSH vs STATE OF WEST BENGAL AND ORS.

Calcutta High CourtJUDGMENT: September 16, 20263 MIN READSOURCE JUDGMENT
Authorities must independently and lawfully reconsider disproportionate delinking of ration cards from existing FPS dealers.. AJOY KUMAR GHOSH vs STATE OF WEST BENGAL AND ORS.. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The writ petition concerned the tagging and detagging of ration cards among Fair Price Shops (“FPSs”). Pursuant to the Court’s earlier order dated 31 August 2026, the State respondents filed a report explaining the number of cards proposed to be allotted to the private respondent and the number to be retained by the existing FPS dealers.

Source reference: para. 1, p. 1

The report stated that 3,074 ration cards were proposed to be tagged in favour of the private respondent, comprising 2,679 cards delinked from the petitioner Ajoy Kumar Ghosh’s FPS and 395 cards delinked from the FPS of Rudrapratap Nag.

Source reference: para. 2, p. 1

It further recorded that 5,330 cards would be retained by the petitioner and 6,277 cards by Rudrapratap Nag.

Source reference: para. 3, p. 2

The petitioner objected that substantially more cards had been detagged from his FPS than from Rudrapratap Nag’s FPS.

Source reference: para. 4, p. 2

The State contended that the tagging and detagging had been undertaken in accordance with the dynamic nature of the DRC database system and involved no illegality or irregularity.

Source reference: para. 5, p. 2
02

Issues

Whether the proposed tagging of 3,074 ration cards in favour of the private respondent could be implemented on the basis of the State respondents’ report.

Source reference: paras. 1–2, pp. 1–2

Whether the disparity in the number of ration cards proposed to be delinked from the FPSs of Ajoy Kumar Ghosh and Rudrapratap Nag required an independent reconsideration by the competent authority.

Source reference: paras. 4–6, pp. 2–3

Whether the tagging and detagging exercise was to remain subject to the outcome of the pending appeals before the Division Bench.

Source reference: para. 8, p. 3
03

Law Applied

The Court applied the principles of lawful and reasoned administrative decision-making, requiring the competent authority to independently examine an apparent disparity in the treatment of similarly situated FPS dealers and arrive at a logical and conclusive decision in accordance with law.

Source reference: para. 6, p. 3

It also recognised the State’s submission that ration-card tagging and detagging operated through the dynamic DRC database system.

Source reference: para. 5, p. 2

The Court further directed that administrative action concerning the ration cards would abide by the result of the connected appeals pending before the Division Bench.

Source reference: para. 8, pp. 3–4
04

Reasoning

The Court accepted that the State had already taken a decision to tag 3,074 ration cards in favour of the private respondent and therefore directed that those cards be tagged within seven days.

Source reference: para. 6, p. 3; para. 7, p. 3

However, the figures disclosed an apparent disparity: 2,679 cards were proposed to be delinked from the petitioner’s FPS, whereas only 395 cards were proposed to be delinked from Rudrapratap Nag’s FPS.

Source reference: para. 2, p. 1; para. 4, p. 2

Without finally determining whether the disparity was unlawful, the Court required respondent no. 5 to reconsider the matter independently, without being influenced by the Court’s observations, and to reach a logical and conclusive finding in accordance with law.

Source reference: para. 6, p. 3

The Court also preserved the effect of the pending appellate proceedings by making the entire tagging and detagging exercise subject to their outcome.

Source reference: para. 8, pp. 3–4
05

Holding

The Court directed respondent no. 5 to tag 3,074 ration cards in favour of the private respondent within seven days and to decide, within two weeks of communication of the order, the alleged disparity in the delinking of cards from the FPSs of Ajoy Kumar Ghosh and Rudrapratap Nag.

The tagging and detagging of ration cards was expressly made subject to the result of the pending Division Bench appeals.

Source reference: para. 8, pp. 3–4

WPA 1464 of 2025 and the connected application were accordingly disposed of.

Source reference: para. 9, p. 4

Since affidavits had not been called for, the allegations in the writ petition were treated as denied and not admitted.

Source reference: para. 10, p. 4
Calcutta High Court

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AJOY KUMAR GHOSHvsSTATE OF WEST BENGAL AND ORS.

Calcutta High Court · September 16, 2026

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