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Calcutta High CourtWPA/17798/2024disposed

Habibur Rahaman v. The State Of West Bengal And ORS.

2024-08-05Hon'Ble Justice Subhendu Samanta3 pages

05.08.2024 SL No.15 Court No.24 Ali WPA 17798 of 2024 Habibur Rahaman

Versus

The State of West Bengal & Ors.

Mr. Goutam Dey, Ms. Dipanwita Ganguly .....for the petitioner.

Ms. Sonal Sinha, Mr. Amrit lal Chatterjee ....for the State.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Sub-Divisional Controller, Islampur subDivision issued a vacancy Notification of FPS Dealership under the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 on 16th November, 2022 at the location of Sarsar (Ward No. 12)-017, Post Office Dalkhola under Police Station Karandighi, Uttar Dinajpur. The present petitioner applied for the said licence by making a specific application alongwith annexure thereof according to the Notification on 28th of January, 2023.

In pursuance of the said application the proposed godown and shop room of the present petitioner was inspected by the concerned Authority on 2nd March, 2023. Thereafter, the present petitioner thorough searching on the portal came to know that his application was rejected.

It is the submission of the learned counsel for the petitioner that no reason has been assigned by the concerned Authority regarding the rejection of the said Notification.

He makes a specific representation before the Authority concerned on 19th February, 2024 but of no result.

Hence this writ.

Learned counsel appearing on behalf of the State submits that there are several reasons which shall justify the order of the rejection of the application of the present petitioner. He further submits that if directed the State Authority may assign the reason.

Considering the submissions and having heard the parties, the instant writ petition is disposed of with a direction to the concerned Authority to issue an official correspondence to the petitioner assigning specific reasons of rejection of the candidature of the present petitioner within 8 (eight) weeks from this date.

Accordingly the instant writ petitioner 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.)