Abdul Alim Laskar v. The State Of West Bengal And ORS.

26.03.2025 Ct.No. 24 Sl.No. 16 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4073 of 2025 Abdul Alim Laskar VS The State of West Bengal and ors.

Mr. Debojyoti Deb Mr. Tamal Ghosh ...for the petitioner Ms. Sonal Sinha Mr. Tarak Karan ...for the State respondents

1. Affidavit-of-service filed on behalf of the petitioner, is taken on record.

2. The Sub Divisional Controller, Food and Supplies, Diamond Harbour respondent no.

issued a vacancy notification vide Memo no.

310/SC/FS/DH/23 dated 9th August, 2023.

3. The petitioner applied for the licence by making specific application. His proposed shop-cum-godown was inspected twice by the concerned authority. Thereafter, nothing has happened and there was long silence from the concerned authority. When he checked the portal on 23rd January, 2025, it appears that portal reflected status of candidature of the petitioner to be rejected. The portal has not disclosed any reason.

4. The petitioner has made a representation to the concerned authority on 24th January, 2025 being Annexure P-6 of the writ petition.

5. The concerned authority has not responded to the representation. Hence, this writ petition.

6. Having heard the learned counsel for the parties, it appears that the present petitioner is a bona fide applicant for the new vacancy. The candidature of the petitioner was shown to be rejected in the portal. The petitioner must have known to the reasons for which candidature of petitioner was cancelled.

Accordingly, respondent authority must take the call of the petitioner in respect of his representation dated 24th January, 2025.

7. Under the above observations, the instant writ application is disposed of with a direction to the Sub Divisional Controller, Food and Supplies, Diamond Harbour respondent no. 5 (Annexure P-6) of the writ petition, to dispose of the representation dated 24th January, 2025, within a period of 6 weeks from the date communication of a copy of this order.

8. The respondent no. 3 shall allow proper opportunity of being heard to the petitioner

along with necessary documents, if he intends, to file at the time of hearing, and shall pass a reasoned order shall communicate to the petitioner within 2 weeks thereafter.

9. I make it clear that this Court has not entered into the merit of the matter.

10. The respondent no. 3 shall dispose of the representation dated 24th January, 2025 in accordance with law without influenced by any observation of the court.

11. As affidavits were not exchanged, allegations contained in the writ petition are deemed not to be admitted.

12. The writ petition stands disposed of.

13. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Subhendu Samanta, J. )