Calcutta High CourtWPA/1941/2024disposed

Rejaul Karim And ANR v. The State Of West Bengal And ORS

2024-09-12Hon'Ble Justice Raja Basu Chowdhury2 pages

Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Jurisdiction ------ 12.09.2024 WPA 1941 OF 2024 kc Ct. no.2 ------------ REJAUL KARIM AND ANR.

Vs.

THE STATE OF WEST BENGAL AND OTHERS Mr. Nabankur Paul, Adv.

Ms. Sutapa Sen Paul, Adv.

Mr. Bodhisatya Ghosh, Adv.

....For the petitioners Mr. Pretom Das, Adv.

Mr. Kumar Shantanu, Adv.

....For the State Affidavit-of-service, filed in Court today, is taken on record.

The present petitioner challenged impugned two vacancy notifications for appointment of FPS dealer over the operational area, where the present petitioner is already running F.P. Shop dealership business with an unblemished track record and full satisfaction since long.

Mr. Nabankur Paul, learned advocate for the petitioner submits that the petitioner had challenged two vacancy notifications on the ground that, after promulgation of National Food Security Act, 2013 and Targeted Public Distribution

(Control) Order, 2015, the Control Order 2013, on the basis of which the vacancy has been declared, has become redundant. He seeks for interim protection to the extent that, the State can proceed with the selection process but should not grant licence till the issue is decided by this court in a batch of appeals, hearing of which has already been concluded.

Mr. Pritom Das, learned State Counsel seeks to file report in the form of affidavit.

Let such report in the form of affidavit be filed by the State-respondents within four weeks from date. Exception thereto, if any, be filed by two weeks thereof.

Considering the aforesaid submissions, State authority may proceed with the selection process but so far as the grant of licence is concerned, the same shall not be issued till the disposal of batch of appeals pending before the learned Division Bench being MAT 1543 of 2024 etc.

Let the matter go out of the list.

Liberty to mention.

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

(Aniruddha Roy, J.)