Md. Mekail v. State Of West Bengal And ORS.

06.01.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side (Via Video Conference) W.P.A 42 of 2022 Md. Mekail -versus State of West Bengal & Ors.

Mr. Md. Rakib.

...For the Petitioner.

Mr. Susovan Sengupta, Mr. Subir Paul.

...For the State.

The petitioner prays for being engaged on compassionate ground as M.R. Dealer and Kerosene Oil Dealer. The application of the petitioner was fixed for hearing on 19th December, 2019 in the office of the Sub-Divisional Controller, Food & Supplies, Chanchal. The petitioner submits that on the scheduled date the petitioner duly appeared and made submissions in support of his candidature.

The petitioner submits that the respondent authorities have not intimated him the fate of the hearing till date.

As it appears that the application of the petitioner for being engaged as Fair Price Shop Dealer and Kerosene Oil Dealer on compassionate ground in place of his deceased father was taken up for consideration by the respondent authority being the Sub-Divisional Controller, Food & Supplies on 19th December, 2019, it

is incumbent for the said authority to intimate the petitioner the fate of the hearing.

Accordingly, the instant writ petition is disposed of by directing the respondent No. 5 being the SubDivisional Controller, Food & Supplies, Chanchal to communicate the reasoned order/decision which was taken on 19th December, 2019 to the petitioner, at the earliest, but positively within a period of four weeks from the date of communication of a copy of this order. In the event the said authority is of the opinion that a fresh hearing is required to be conducted, then necessary steps shall be taken by the said authority to give a re-hearing to the petitioner and all other necessary parties, at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)