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2024 Supreme(Cal) 893

SUBHENDU SAMANTA
In The Matter Of : Puspa Begam – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ram Anand Agarwal, Adv., Ms. Nibedita Pal, Mr. Ananda Gopal Mukherjee Adv., Ms. Sonam Ray Adv.
For the Private Respondent: Mr. Debartha Saha Roy, Mr. Pingal Bhattacharyya, Adv., Mr. Subhankar Das, Adv., Mr. Neil Basu, Adv., Mr. Sankha Biswas Adv.
For the State : Mr. Supratim Dhar, Adv., Ms. Rajyashree Mukherjee Adv.

JUDGMENT :

Subhendu Samanta, J.

1. SCFS, Chanchal, Department of Food & Supplies, Government of West Bengal issued FPS, Vacancy notification on 5th February, 2023 in the location of Mollabari, Janamdol, Jama Masjid, P.O.- Bishanpur, P.S.- Harishchandrapur, District- Malda. Present petitioner, private respondent No. 5 and other persons applied for the said vacancy.

2. Enquiry has conducted. After such enquiry petitioner came to know that the concern authority had issued an offer letter for dealership in respect of the said vacancy in favour of private respondent No. 5. The present petitioner challenged the said offer letter in this writ petition. The grounds of challenge of act and action of the respondent authority are as follows:-

    1. Offered land of private respondent is surrounded by burial ground, there is not approach road for egress and ingress to the offered godwon from public road.

2. The area of offered shop room is not at par with the notification.

3. Special Divisional Controller (Food & Supply) Chanchal, submitted a report in the form of affidavit against the writ petition.

4. The respondent No. 5 also used affidavit-in- opposition against the writ petition; petitioner filed a

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