Sukumar Manna v. The State Of West Bengal And ORS.

12.11. 2024 item No.20 n.b.

ct. no.24 WPA 26135 of 2024 Sukumar Manna Vs.

The State of West Bengal & Ors.

Mr. Samaresh Chandra, ...... for the petitioner.

Mr. Swapan Kr. Dutta, Mr. Rajat Dutta, .... For the State.

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

The writ petitioner has applied for FPS licence in term of vacancy notification by the concerned authority in respect of location Khagda Birgram, Chandipur, Purba Medinipour.

It is the case of the petitioner that after submission of the application, the authority concerned authority has issued a notice for enquiry into the proposed godowncum-shop room of the present petitioner. The enquiry has conducted on September 18, 2024. It is the apprehension of the present petitioner that the Enquiry Officer may have not taken proper measurement of his godown, thereby, he may be ousted from the competition. He has made a representation with the concerned authority on September 31, 2024. He submits that the authority may be directed to consider his representation.

Learned counsel appearing on behalf of the State submits that the entire process of selection is going on and the authority concerned has not taken any final decision in respect of the vacancy. At this juncture, no direction can be passed.

Having heard learned counsel for the parties and also considering the merits in the writ petition, it appears to me that the entire writ petition was filed on the basis of the apprehension of the present petitioner. Without attaining finality of decision by the authority concerned, it cannot be said that the Enquiry Officer has taken improper measurement of the godown-cum-shop room of the petitioner. However, the petitioner has every opportunity to demonstrate his grievances before the concerned authority after completion of the entire process. At this juncture, I find no justification to intrude into the selection process of the concerned authority. Accordingly, the instant writ petition is disposed of.

It is not out of place to comment that the authority concerned shall conclude the selection process according to the procedure of law enumerated under the provision of WBPDS(M&C) Order, 2013.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Subhendu Samanta, J.)