IMPORTANT POINT
Eligibility criteria for Fair Price Shop dealerships must be strictly followed, and misrepresentation in applications can lead to disqualification.

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 directed the concerned authority to issue letter of grant of licence of dealership of concerned FPS shop in respect of the notified vacancy in favour of the petitioner.

6. Private respondent preferred an intra court appeal before the Hon’ble Division Bench of this Court being MAT 2127 of 2023.

7. The Hon’ble Division Bench has disposed of the appeal on 18.10.2023 with the observations that:-

“The writ petition shall be heard afresh after receiving affidavits and objections. A suitable decision may be taken thereafter. The Single Bench shall proceed to decide the matter independently. The observations made hereinabove, shall be deemed as tentative and ad interim in nature and only for the purpose of disposal of this appeal”.

8. In terms of the direction of the Division Bench this matter is heard at length from all sides.

9. Mr. Debabrata Saha Roy, learned counsel appearing on behalf of the petitioner submits that the concerned vacancy notification has declared the eligibility criteria of the applicant to apply for a FPS dealership. The said eligibility criteria denoted that the applicant should possess a suitable godown within the vacancy location for storage of Public Distribution Commodities and running the dealership; the area of the godown should be minimum 400 square feet along with cover space of 200 square feet adjacent to godown to be used for office purpose for FPS automation. It is further mentioned in the said notification that there must be shed in front of the shop to accommodate at least 20 people who wait in a queue.

10. Mr. Saha Roy further argued that the notification has also mentioned that some document has to be attached with the application to substantiate the possessional right of the applicant over the proposed place of business. Mr. Saha Roy, further argued that it has been specifically mentioned in such notification that the nature of the land offered for godown and shop must be ‘Dokan/Commercial or Bastu; in nature; but the land offer by the private respondent is ‘Aush’ in nature. On the last date of submission of application the nature of land was “Aush”. The private respondent by suppressing the fact has filed the application stating the offer land to be “Bastu”. Mr Saha Roy specifically argued that suppression of fact was also dealt with in the said notification, wherein in paragraph 15 (v), it has specifically mentioned that any suppression of fact/ information or providing wrong information in the Application Form or attach document will be considered as a good and justified reason for disqualification of a candidature.

11. Mr. Saha Roy argued that the respondent willfully suppressed the fact that the offer land is not a ‘Bastu’, in nature but ‘Aush’ land; the private respondent has also admitted the said fact in his Affidavit-