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Calcutta High CourtWPA/11903/2025disposed

Md. Ajabul Sk. v. State Of West Bengal And ORS.

2025-08-18Hon'Ble Justice Subhendu Samanta3 pages

18.08.2025 KAUSHIK WPA 11903 of 2025 Md. Ajabul Sk.

Vs.

The State of West Bengal & Ors.

Mr. Partha Pratim Roy Mr. Sarbananda Sanyal Mr. Samrat Chakraborty ... for the petitioner Mr. Suman Sengupta Ms. Amrita Panja Moulick ... for the State Petitioner applied for licence of MR Dealership in terms of vacancy notification dated 13th May, 2024 issued by SCFS, Malda Sadar. Application of the petitioner was received on 30th August, 2024 online by giving him the application number. Proposed shop-cum-godown of the petitioner was inspected by the concerned authority on 23rd September, 2024.

Petitioner was called for on a personal interview by the concerned Sub-Divisional Controller. After that, suddenly in the portal it appears that the candidature of the petitioner was rejected without assigning any reason. The petitioner promptly made a representation to the authority on 16th May, 2025. The authority concerned not responded. Hence this

writ petition.

Having heard the learned counsel for the parties and also considering the nature of grievance as ventilated in the instant writ petition, it appears to me that the authority concerned must have assigned the reason for rejection of the candidature of the petitioner by giving him an affordable opportunity of being heard.

Under the above observation, the instant writ petition is disposed of directing the respondent no. 4 to dispose of the representation of the petitioner dated 16th May, 2025 (appearing as P-6 of this writ petition) within four weeks from the date of receiving of the instant order. I make it clear that concerned respondent no. 4 shall dispose of the representation according to law after giving the reasonable opportunity of being heard to the petitioner along with documents, if any. The decision of the authority shall be communicated to the petitioner within two weeks thereafter. It has been clarified that this Court has not entered into the merit of the matter. The concerned SubDivisional Controller shall dispose of the writ petition according to the law without being influenced by any observation of the Court.

Since no affidavits have been exchanged, the allegations made in the writ petition shall be deemed to have been not admitted.

(Subhendu Samanta, J.)