Suma Devi v. State Of West Bengal & ORS.

19.06.2023 Ct. No. 15 adeb W.P.A. 6774 of 2018 Smt. Suma Devi Vs.

The State of West Bengal & Ors.

Mr. Sekhar Barman Mr. Rohit Prasad ...for the petitioner The writ petition is taken up for consideration when the learned advocate representing the petitioner submits that respondent no. 7 has been wrongly permitted by the authorities of Bhatpara Municipality to discharge duty in place of another candidate. According to the petitioner permission granted in favour of respondent no. 7 to work in the municipality is impermissible.

Affidavit in reply filed on behalf of the petitioner today is taken on record.

This Court fails to comprehend how petitioner is affected and what is his locus standi. In this regard queries have been posed to the learned advocate representing the petitioner but this Court fails to get any satisfactory reply. Situation would be different if the petitioner could have been affected by the decision of the concerned authority of the municipality to permit the respondent no. 7 to discharge duty or in denying the right of the petitioner respondent no. 7 was permitted to work under the municipality. It is also not the case that

selection process was initiated wherein petitioner was one of the desirous candidates for the post in which respondent no. 7 at present discharges his duty. The present writ petition has not been filed in the form of Public Interest Litigation.

Accordingly, the petitioner does not have locus standi consequently the writ petition stands dismissed. There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)