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Calcutta High CourtWPA/8338/2025disposed

Sushanta Das v. State Of West Bengal And ORS.

2025-05-06Hon'Ble Justice Subhendu Samanta3 pages

WPA 8338 OF 2025 06.05.2025 Sl no. 22 Ct no. 24 Sushanta Das P.M.

- Vs - The State of West Bengal & Ors.

Mr. Ram Anand Agarwal, Ms. Nibedita Pal, Mr. Ananda Gopal Mukherjee, Ms. S. Ray ... for the Petitioner ... for respondent No. 6 Ms. Sonal Sinha, Ld. AGP, Mr. Amritalal Chatterjee ... for the State Petitioner is running a fair price shop after having a licence from the authority concerned. His service area consisting of eight villages namely 1. Pipla, 2. Simanandapur, 3. Jagadishpur, 4. Bhaghsur, 5. Chandpur, 6, Baral, 7. Surta and 8. Susilapur.

It is the contention of the petitioner that only about 5300 DRCs are engaged with the petitioner's FPS, State authority has issued a new vacancy notification dated 2nd January, 2025. The villages under service area of the petitioner namely Chandpur, Jagadishpur and Paschim Pipla are the areas of new notification.

Mr. Agarwal, Ld. senior counsel for the petitioner submits that if a new dealer is appointed the DRCs attached to the petitioner will be delinked and his business will economically viable and petitioner shall suffer immense.

Hence this writ petition.

A short report is called for from the State authority.

Ms. Sonal Sinha, Ld. Additional Government Pleader submits a report containing inter alia : "Sub : DRC status of FPS dealer Sushanta Das (133001200003) Sir, This is to inform you that the petitioner, Sushanta Das of WPA No. 8338 of 2025 presently has 7182 DRC and 2265 DRC has been proposed for vacancy ID-202300219502 out of 7182. The petitioner will have 4917 DRC after delinking 2265 DRC."

Having perused the report it appears that after propose delinking 2265 DRC from the petitioner's FPS, there will have 4917 DRCs.

A copy of report is served upon the learned counsel for the petitioner.

Mr. Agarwal, learned advocate submits that the remaining DRCs petitioner is still below five thousand.

He submits that the instant writ petition may be disposed of on recording the report of the State. Having heard the submission of the parties it appears that the petitioner will have 4917 DRC after delinking DRC's for the purpose of impugned vacancy.

Accordingly I find no justification to proceed further with the instant writ petition.

Accordingly the instant writ petition is disposed of.

Let a report filed on behalf of the State be taken on record.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Subhendu Samanta, J.)