Murshida Bibi v. State Of West Bengal And ORS.

23.2.2026 Item no. 10 Court no. 10 g.b.

WPA 26848 of 2025 Murshida Bibi Vs.

State of West Bengal & Ors.

Mr. Debabrata Saha Ray, Mr. Pingal Bhattacharyya, Mr. Subhankar Das.

..... for the petitioner.

Ms. Sonal Sinha, Ms. Debdatti Dutta, Mr. Sandipan Das ...... for the State respondent.

The petitioner files a supplementary affidavit affirmed on 14.01.2026 annexing the order of rejection uploaded in the official website on 10.01.2026 is kept on record.

The State respondent has filed a report which is kept on record.

Petitioner applied for licence in terms of the vacancy notification dated November 02, 2023 being no.999-HR/SCFS/BER/2023.

Petitioner shows the land, which he intends to use his godown and shop room under a deed of sale vide registration sale deed dated April 09, 2024. Petitioner filed online application on April 14, 2024. In the sale deed, the character of the land was described as "Aush to Viti". The petitioner applied for conversion before the

concerned BL & LRO vide an application dated August 01, 2024.

Petitioner's proposed shop cum godown was inspected on August 01, 2024. He was called in personal hearing by the concerned District Level Shop Selection Committee. Petitioner made a representation on 03.11.2025, stating inter alia, that production of R.OR. is not mandatory, only production of document evidencing the character of the land as 'viti' is sufficient. Mr. Saha Ray, learned advocate appearing on behalf of the petitioner submits that the candidature of the petitioner cannot be rejected. The conversion of the land has already been completed by the concerned authority on September 05. 2024.

Mr. Saha Roy, learned senior advocate also placed on record two judgments of Hon'ble Division Bench in Gouri Das Biswas Vs. State of West Bengal (MAT 224 of 2024) as well as the Archana Jana Vs. State of West Bengal (MAT 1300 of 2025) and one judgment of the Hon'ble Single Bench in WPA 23340 of 2025 (Mita Parvin -vs- State of West Bengal & Ors.) I have perused the judgment of Hon'ble Division Bench in Archara Jana, the issued dealt with by the Hon'ble Division Bench in paragraph 34 to 38 which is reproduced as follows:

"34.

Even in respect of other categories of properties than leased ones, the production of records of rights is optional.

35. Under Clause (A), which deals with ownership properties, the requirement under sub-clause (a) is the production of the photocopy of records of rights/registered deed of conveyance, etc. However, such requirement is diluted and made optional by the immediately succeeding sub-clause (b), which provides that a document showing the character of land as „dokan / commercial / bastu, would be sufficient if records of rights are not produced.

36. It is conspicuous that the language used in respect of the records of rights in the said sub-clause is not "is not available" but "is not produced", thereby leaving the option entirely on the applicant either to produce the records of rights or any document showing the character of land as dokan / commercial / bastu, irrespective of the availability or nonavailability of records of rights.

37. Even in case of a property owned by a family member of the applicant, covered by Clause (B) of the vacancy notification, the requirement is similar to that of an owned property.

38. Hence, from a composite reading of all the provisions of Clause 10 of the vacancy notification, we find that the production of the records of rights is entirely optional and if any document is produced showing the nature and character of the land, it would suffice for getting a licence. Rather, in the case of a leased out property, there is no requirement even to produce the extracts of the records of rights as an option. The only document required is a registered / notarized lease deed which may describe the character of the property, which was duly produced in the present case."

Ms. Sonal Sinha, learned counsel appearing on behalf of the state respondent submits that the authority concerned has followed the procedure in selecting of particular person for FPS dealer. It is the procedure that each and every person may apply for licence in respect of a land construction of godown, which may not be classified as "Dokan/commercial/Bastu" but for that reason,

applicants may apply for conversion of the same, prior to online application for vacancy.

Ms. Sinha further submits that the procedure so adopted by the concerned respondent authority is wellknown to the petitioner. For that reason, she applied for conversion. She further submits that though the petitioner applied for conversion on August 01, 2024 i.e. after filing online application which was allowed by the concerned BL & LRO vide an order on September 05, 2024. As the application of the petitioner for conversion is made after the online application i.e. after April 14, 2024, the authority concerned has correctly taken the stand that the candidature of the application is to be rejected. She submits that there is no illegality in the impugned rejection.

Having heard the learned counsel for the parties and considering the nature of issues involved herein, it appears that the petitioner has applied for license for FPS dealer and used the land for construction of a proposed shop cum godown, which has been registered by executing a deed of sale describing the character of land as "Aush presently viti".

I am of the view that the impugned action of the respondent is not correct in the light of the observation of the Hon'ble Division Bench of this Court as regarding submission of ROR and character of land is optional

thus the petitioner shall be considered as an eligible candidate.

The concerned authority is directed to consider the candidature of the petitioner, along with other candidates for issuance of license.

The concerned authority shall issue license in favour of the most suitable candidate in respect of impugned vacancy notifications, according to law. In view of this, the order of rejection uploaded in the official website is quashed and set aside. Under the above observation, the writ petition is allowed and disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Smita Das De, J.)