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2022 Supreme(Cal) 360

MOUSHUMI BHATTACHARYA
Bipatarini Agency – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Surajit Nath Mitra, Adv. Mr. Timir Baran Saha, Adv. Mr. Sudip Sarkar, Adv., for the Appellant; Mr. Kalyan Bandyopadhyay, Sr. Adv. Mr. Ram Anand Agarwal, Adv. Ms. Nibedita Pal, Adv. Mr. Ramesh Dhara, Adv. Mr. Ananda Gopal Mukherjee, Adv. Ms. Sonam Roy, Adv. Mr. S.N. Mukherjee, Advocate General Mr. Sirsanya Bandopadhyay, Adv. Mr. Arka Kumar Nag, Adv., for the Respondent

JUDGMENT

Moushumi Bhattacharya, J. - The dispute in the present writ petition relates to the creation of a M.R. Distributorship in Purba Bardhaman district of West Bengal where the petitioner no.1 and the respondent no. 8 are the rival applicants. The petitioners seek a mandamus on the State respondents to cancel the license issued to the respondent no. 8 for such Distributorship. By the impugned documents dated 9.11.2021 and 11.11.2021, the respondent no. 8 (Sonai Food Marketing) was authorised to act as Distributor under the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 and the Director, Department of Food & Supplies was asked to accord online approval in favour of the respondent no. 8.

2. A brief outline of the proceedings filed by the petitioner no. 1 and the respondent no. 8 in relation to allocation of the M.R Distributorship is necessary before alluding to the contentions of the parties.

3. A vacancy Notification for the appointment of M.R. Distributor at Surekalna in the district of Purba Bardhaman was published on 23.7.2018. This was superseded by another Notification dated 9.1.2019. Both the publications were issued by the office of the District

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