Abu Sufian Sk. v. The State Of West Bengal And ORS.

2.4. 2025 item No.33 n.b.

ct. no.24 WPA 4713 of 2025 Abu Sufian Sk.

Vs.

The State of West Bengal & Ors.

Mr. Probal Sarkar ...... for the petitioner.

Mr. Swapan Kr. Datta, Mr. Dipankar Dasgupta, .... For the State.

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

Sub-divisional Controller, Food & Supplies, Lalbagh issued a notification being Memo No. 599/SCL/MSD/24 dated June 14, 2024 for filling up vacancy of FPS dealership under the provisions of WBPDS(M&C) Order, 2013.

The petitioner applied for licence by making applications. His proposed shop cum godown was inspected by the concerned authority on September 21, 2024. Thereafter, the concerned authority kept silence and suddenly appointed private respondent no.7 as a new FPS dealer. The present petitioner has made a representation before the learned District Magistrate, Murshidabad. His representation was not considered. Hence this writ petition.

Learned counsel appearing on behalf of the petitioner frankly submits that he has not made any representation before the concerned Sub-Divisional Controller(F&S) Mr. Dutta, learned counsel appears on behalf of the respondent submits that appointment of the private respondent was not challenged. However, the private respondent was granted licence, who is running the business.

Mr. Dutta, learned counsel further argued that no representation was made before the appropriate authority. So, the petitioner may be directed to submit a detailed representation before the appropriate authority. Having heard learned counsel for the parties, the instant writ petition is disposed of with a direction to the petitioner to submit a representation to the Sub-Division Controller(F& S), Lalbagh, being the respondent no.6 of this writ petition, within two weeks from the date of passing of this order. On receiving such representation, the respondent no.6 shall dispose of the representation of the petitioner after giving him appropriate opportunity of being heard.

The representation of the writ petitioner shall dispose of within six weeks from the date of receiving of the representation.

The decision of the authority shall be intimated within two weeks thereafter.

Under the above observation, the writ petition is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Subhendu Samanta, J.)