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IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
Bapi Pradhan – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking direction upon the respondents authorities not to give effect to the purported engagement of the respondent no.10 as a M.R Distributor at Chandipur Block, District-Purba Medinipur vide Memo no. 1076-FMR/13L-36/14 (Pt-V) dated 27th April, 2023 and the license granted pursuant thereto vide License no.25/MR Distributor/Tamluk/23 dated 3rd May, 2023 and to recall, rescind, cancel the said license granted in favour of respondent no.10 and engage the petitioner as M.R. Distributor in respect of the subject vacancy in place of respondent no.10.
2. The brief fact of the petitioner’s case is as follows (i) The petitioner having all the requisite qualification and being eligible for being appointed as M.R. Distributor in respect of the subject vacancy made online application on 10th November, 2022 pursuant to the advertisement published by the authority concerned of the Department of Food and Supplies vide memo No. 3393- FS/Sectt/Sup/4M-77/18 dated 22.08.2022 issuing vacancy notice under memo No. 2877-FMR/13L-36/14(Pt-V) dated 1st September, 2022.
(ii) Th
A candidate must meet all eligibility criteria to have standing in challenging an administrative decision; mere dissatisfaction does not confer legal rights.
The rejection of applications for distributorship based on criteria not included in the statutory framework is ultra vires and violates principles of natural justice.
The main legal point established in the judgment is that the rejection of an application for distributorship should be based on valid and sustainable grounds in accordance with the legal framework, a....
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
Section 105 of Transfer of Property Act, 1882 read with Section 17(1)(d) and Section 49 of Registration Act, 1908 which specifically mandates that a lease deed for a period exceeding one year is comp....
The court established that compliance with specific eligibility criteria, including land ownership and dimensions, is essential for the approval of LPG distributorship applications, and that subseque....
There is no rule in the Corporation which allows renewal of terminated Distributorship on sympathetic grounds, especially in cases where Distributorship has been terminated on account of malpractices....
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