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2024 Supreme(Cal) 1129

SUBHENDU SAMANTA
Md. Firoz Muktadir Hossain – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Debabrata Saha Roy, Adv. Mr. Pingal Bhattacharya, Adv., Mr. Subhankar Das, Adv.
For the Respondent: Mr. Sagar Bandopadhyay, Adv., Ms. Soma Kar Ghosh, Adv., Mr. Arabinda Pathak, Adv., Mr. Srisanya Bandopadhyay Adv.

JUDGMENT :

Subhendu Samanta, J.

1. Sub-Divisional Controller (F & S), Berhampore (Sadar) declared a vacancy on 26.09.2022 of Fair Price Shop at the location of Saruliya gate para under Mouza Saruliya, Police Station Beldanga, District Murshidabad.

2. Present petitioner and other candidates including the private respondent submitted application in terms of that notification. Enquiry conducted in respect of proposed godown and shop room of the candidates.

3. Offer letter was issued in favour of the private respondent in respect of FPS licence.

4. The present petitioner being aggrieved by such offer letter in favour of private respondent has filed the instant writ petition on the two grounds:

    (i) The nature of the land offer by the private respondent for shop-cum-godown is not in--consonance with the notification.

(ii) The concerned authority has issued the offer letter in favour of the respondent violating the paragraph 7 (b) (ii) of the notifications dated 17th August, 2021.

5. To determine the matter this Court called for the report from the State Authority and on perusal of the report this court disposed of this writ petition on 16th October, 2023, thereby allowed the writ petition and d

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