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Calcutta High CourtWPA/3/2026dismissed

Murshida Khatun v. The State Of West Bengal And ORS

2026-03-05Hon'Ble Justice Shampa Dutt (Paul)2 pages

Ct. 5 05.03.2026 JPD Item No.24 Aloke In The High Court At Calcutta In The Circuit Bench at Jalpaiguri Appellate Side WPA 3 of 2026 Murshida Khatun Vs.

The State of West Bengal & Ors.

Mr. Kalyan Kr. Chakrabroty Mr. Debojit Kundu ..for the petitioner Mr. Hirak Barman Ms. Pratusha Dutta Chowdhury ... for the State 1.

The writ application has been preferred praying for setting aside of the impugned reasoned order vide Memo No. 1409 dated 07.11.2025 passed by the District Controller, Food & Supplies, Cooch Behar.

2.

It is the case of the petitioner that the licence has been unlawfully issued in favour of one Najir Ahammad who has not been made a party in the present case by the petitioner.

3.

The State has filed an evaluation sheet of the persons who had applied for the said licence. 4.

It appears that the petitioner herein stood third and Najir Ahammad was at no. 1.

5.

Learned counsel for the State relies upon clause 9(iv) of part 3 which lays down as follows :

"(iv) A person convicted by the court under the EC Act or in any other criminal proceeding connected with Essential Commodities".

6.

Admittedly, no criminal case connected with any Essential Commodities Act is pending against the petitioner nor has he been convicted under Essential Commodities Act.

7.

Accordingly, the writ application having no merit stands dismissed.

8.

Writ application stands disposed of.

9.

Connected application, if any, stands disposed of.

10.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)