BHASKAR BHATTACHARYA, J.

( 1 ) BY this writ application, the petitioner, an applicant for grant of M. R. Dealership for the Mirick area, in the District of Darjeeling has challenged memo dated 18th June, 2003 being Annexure "p-7" by which the concerned state respondent has appointed the private respondent No. 7 as the Dealer.

( 2 ) MR. Roy, the learned Counsel appearing on behalf of the private respondent has taken a preliminary objection as to the right of the writ petitioner to challenge the appointment of his client on the ground that the writ petitioner having no requisite qualification for the said dealership is not entitled to challenge the appointment.

( 3 ) MR. Bhattacharya, the learned Counsel appearing on behalf of the writ petitioner has, on the other hand, vehemently opposed the aforesaid preliminary objection and has contended that it would appear from the affidavit-in-opposition filed by the State respondent that while appointing the private respondent no. 7, the relevant Control Order was not adhered to and such appointment was made after consultation with the Chairman, Gorkha Hill Council, darjeeling. According to Mr. Bhattacharya, neither the Chairman, nor the da

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