Sk Ejad Ali v. State Of West Bengal And ORS.

25.3.2026 ct no. 10 Sl. 36 AGM WPA 21290 of 2025 Sk. Ejad Ali -Versus- State of West Bengal & Ors.

Mr. Sujay Bandyopadhyay.

Mr. Jagajyoti Das.

Mr. Subhamoy Dutta.

... For the petitioner.

Ms. Sonal Sinha.

Ms. Ashmita Chakraborty.

... For the State.

1. The petitioner in the instant case challenges inter alia, the legality and validity of the grant of FPS dealership license issued to the respondent no. 11.

2. The petitioner has already made a representation before the authority concerned and as submitted by the State respondent, it appears that the investigation is still under process by respondent no. 7.

3. The petitioner submits that despite there being an order of this Court directing the filing of a report, the State respondents are seeking time unnecessarily, thereby, prolonging the proceeding without filing the report.

4. Learned counsel appearing for the State respondent vehemently opposes the submissions made by the petitioner and submits that since the investigation in

respect of the petitioners allegations is still in progress, the report cannot be prepared until the investigation is completed.

5. Having heard the parties and upon perusal of the available records, I am of the considered view that, as the investigation is still in progress, a fresh decision shall be taken on the basis of the investigation report filed by the concerned authority.

6. I direct the respondent no. 6 to consider the representations dated 28.7.2025 and 5th August, 2025 annexed at pages 38 and 45 of the writ petition with the assistance of the respondent no. 7 upon considering the investigation report. The respondent no. 6 shall pass a reasoned order in accordance with law within a period of ten weeks from the date of this order, after affording opportunity of hearing to the petitioner, the private respondent and other stake holders, if any, and such decision shall be communicated within a week thereafter.

7. However, it is made clear if required, that the respondent no. 6 shall be at liberty to conduct a fresh enquiry and/or inspection in respect of the private respondent as well as the petitioner. During the course of hearing if fraud is found in the grant of the license in favour of the private respondent, in that event, respondent no. 7 shall take appropriate steps in accordance with law.

8. In view of the above, the writ petition stands disposed of without going into the merits of the case.

9. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Smita Das De, J.)