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Calcutta High CourtWPA/27955/2022disposed as infructuous

Asit Kumar Mondal v. State Of West Bengal And ORS.

2023-08-02Hon'Ble Justice Bibek Chaudhuri3 pages

Form J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri WPA 27955 of 2022 Asit Kumar Mondal Vs.

The State of West Bengal & Ors.

Mr. Debabrata Saha Roy Mr. Pingal Bhattacharya Mr. Subhankar Das ..for the petitioner Mr. S. N. Mookherjee, Ld. Advocate General Mr. Sirsanya Bandopadhyay Mr. Arka Kumar Nag Mr. T. M. Siddique Ms. Amrita Panja Moulick ..for the State Item No.05 Heard & Judgment on:

02.08.2023 Bibek Chaudhuri, J.

Learned Advocate General has appeared in the instant matter and files an office order vide No. 912-FS/Sectt/Sup/4M-77/18 dated 6th March, 2023 on perusal of which it appears that the Additional Secretary to the Government of West Bengal, Food &

Supplies Department informed the Director of Rationing of the same department that in respect of filling up of 25 numbers of vacancies of the wholesalers of FPS, the Selection Committee did not find any eligible candidate and, therefore, the selection process virtually ends without selecting any candidate.

Learned Advocate General has filed a copy of the letter bearing No. 912 -FS dated 06.03.2023 and copy of which has been served upon Mr. Saha Roy, learned advocate for the petitioner. The same be kept with the record.

In view of such circumstances, the instant writ petition becomes infractuous so far as the petitioner is concerned as the petitioner has filed the instant writ petition as one of the aspirants to be entitled to take part in the selection process. It is made clear that this Court does not consider the submission made by Ms. Amrita Panja Moulick that the entire notification dated 29th July, 2022 was cancelled as the said submission is not factually correct in view of the letter dated 6th March, 2023 submitted by the learned Advocate General. For the reasons stated above, the instant writ petition is disposed of being infractuous.

This order, however, does not disentitle the petitioner to file a fresh writ petition if he is so advised.

It is made clear that this Court has not gone into the merit of the instant case.

In view of disposal of the instant writ petition all interim orders are vacated.

(Bibek Chaudhuri, J.)