Md Fauruddin Biswas v. State Of West Bengal And ORS.

23.06.

Ct. No.17 WPA 10072 of 2022 Md. Fakuruddin Biswas Vs.

The State of West Bengal & Ors.

g.b.

Mr. Amal Baran Chatterjee Mr. Mohiuddin Mondal Mr. Nasim Ahmed .......For the Petitioner Mr. Debabrata Saha Roy Mr. Pingal Bhattacharyya Mr. Neil Basu .......For the Respondent No.7 The petitioner has challenged awarding of dealership to the private respondent. However, in the vacancy notice there was one condition which one applicant must fulfil as has been stated in the said notice (Vide page 16 of the writ application). The applicant for dealership must have Bank Balance of at least Rs. 5.00 (Five lakhs) as working capital reflected on the day of application and one year preceding the date of application. The eligible criteria could not be fulfilled by the petitioner as appears from his own Bank Account in Bank of Baroda (Vide page 35 of the writ application) that on 12.02.2021 he had an amount of Rs. above 5 lakh but before that he never had a consistent amount of Rs.5 lakhs. The last date of application was 19th January, 2021 and, therefore, he should have maintained a bank balance

of 5 lakhs one year preceding the date of application which is 15.01.2021. On the last date of application that is on 19th January, 2021 also he did not have the bank balance of Rs. 5 lakhs. He should have the bank balance of Rs. 5 lakhs from 15.01.2021. From the bank document it appears that even in 2021, except on 12.02.2021, the petitioner did not have the said bank balance. These one of the essential conditions could not be fulfilled by the petitioner. Therefore, the writ application has no merit and is not entertained and it is dismissed.

(Abhijit Gangopadhyay, J.)