Dasharath Kumar @ Dasarath Kumar v. The State Of West Bengal And ORS.
19.08.2025 SL No.21 Court No.24 Ali WPA 15363 of 2025 Dasharath Kumar @ Dasarath Kumar
Versus
The State of West Bengal & Ors.
Mr. Pritam Choudhury, Mr. Dilip Kumar Sadhu ...... for the petitioner.
Mr. Susovan Sengupta, Mr. Subir Pal .... for the State.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
Petitioner applied for licence in terms of Vacancy Notification No.
219/SC/FS/PRL/2024 dated 14th of May, 2024 issued by Sub-Divisional Controller, Food and Supplies, Purulia Sadar. After the application of the petitioner was received online, his proposed shop cum godown was inspected by concerned authority.
Thereafter, he was called on a personal interview. He appeared there. Thereafter, he came to know that the respondent authority has selected the private respondent.
It is the firmed contention of the petitioner that the private respondent has no sufficient
godown to run the licence according to the Vacancy Notification.
It is further contentions of petitioner that private respondent has constructed godown over an agricultural land. He made a detailed representation to the authority concerned on 30th of June, but his representation was not considered; hence this writ.
Learned counsel appearing on behalf of the State authority submits that the petitioner has not filed any document to apprise this Court regarding the prima facie of his grievances. He further submits that the instant writ petition is not maintainable, the petitioner being an unsuccessful candidate cannot challenge the entire selection process.
Having heard the learned counsel for the parties; it appears to me that the petitioner is one of the applicant who filed his application by given necessary fees and his proposed shop cum godown was inspected. He was called on a personal interview thereafter his candidature was rejected. He made a detailed representation.
It appears that licensing authority/SCFS concerned though have received representation but not replied
representation, the present petitioner being a candidate of the said selection process must given reasonable information regarding fate of his candidature.
Under the above observations, I think it appropriate to direct the Sub-Divisional Controller concerned so that the grievances of the petitioner may be redress.
Under the above observation, the instant writ petition is disposed of with a direction to the Sub-Divisional Controller, Food and Supplies, Purulia Sadar being the respondent No. 4 of the instant writ petition to dispose of representation of the petitioner dated 30th of June, 2025 within six weeks from the date of receiving of the copy of this order by giving a reasonable opportunity of being heard to the petitioner. The decision of the authority shall be communicated to the petitioner within two weeks thereafter.
I make it clear that this Court has not entered into the merits of this matter, the respondent No.
shall dispose of representation according to the law, without being influenced by any observation of this Court.
As affidavits are not exchanged, the allegations made in the writ petition shall be deemed to have been not admitted.
Under the above observations, the writ petition being WPA 15363 of 2025 is disposed of.
Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions.
(Subhendu Samanta, J.)