Koushik Dey v. Akbar Ali Khan And ORS

MAT 331 of 2021 with IA No: CAN 1 of 2021 Court No.

Item No.

ssi 21.04.

Koushik Dey -vs- Akbar Ali Khan & ors.

Mr. Saptangshu Basu Md. Nauroz Rahber Ms. Fatima Nissa ......for the appellant Mr. Debrabrata Saha Roy Mr. Subhankar Das Mr. Neil Basu ...for the respondents Mr. Jahar Lal De Mr. Pranab Halder ...for the State Re: CAN 2 of 2021 (leave to prefer appeal) Learned counsel for the appellant has filed an application for leave to prefer an appeal on the ground that the order passed by the learned Single Judge in WPA No.

of whereby the BDO, Jalangi, Murshidabad Block Development was directed to issue a corrigendum to the Notice Inviting Application for appointment as carrying cum distribution agent by specifically mentioned in the corrigendum that

"distributors/ carrying contractors of the Food & Supply Department" are only eligible to participate in the selection process for carrying cum distribution agent under the programme has adversely affected their existing right to continue to function as a distributor and or contractors in terms of the engagement as agents issued by the department concerned from time to time. The grievance of the appellant is that without giving an opportunity of hearing to the petitioner to demonstrate that his right to continue as an agent for supply & distribution of the Mid Day Meal has been taken away by the impugned order that has been passed in violation of the principle of natural justice.

The order passed by the learned Single Judge appears to have affected the present petitioner prejudicially and adversely in discharging his duties as a carrying cum distributing agent and having regard to the fact that the petitioner was not heard we allow the application for leave to prefer an appeal against the impugned order dated 23.2.2021.

CAN 2 of 2021 is allowed.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)