The authority cannot arbitrarily deny a license based on unfounded allegations regarding reputation without proper legal grounds.

Mr. Saha Roy Mr. Pintu Karar Mr. Sabab Uddin Laskar …for the petitioner Mr. Swapan Kr. Datta, Sr. Adv & AGP Mr. Tapas Kr. Dey …for the State Petitioner applied for FPS license in terms of a vacancy notification issued by the Sub-Divisional Controller, Lalbagh District- Murshidabad. Petitioner application was received online. His proposed shop- cum-godown was inspected by the concerned authority. Petitioner was called for on an interview by the District Level Fair Price Shop Selection Committee.

It is the contention of the petitioner that though the petitioner is the most suitable candidate to have the license but he was denied to the license in terms of a memo of SI of Police, Lalgola P.S. dated 21^st of February, 2025 containing some frivolous allegations. It is the contention of the petitioner that the license of the petitioner cannot be denied if he was not entangled in a case under Essential Commodities Act . He further submits that there are no pending cases against the petitioner thus the act and action of the concerned authority is illegal and arbitrary. He also challenged the justification of the memo issued by the S.I of Police, Lalgola P.S. dated

21^st of February, 2025.

Mr. Swapan Kr. Dutta, learned counsel appearing on behalf of the State submits that one person whose local reputation is very poor and who has been demobilized from his service as a Civic Volunteer due to his anti-government activity, cannot be allowed to run a government license.

Considering the entire issue it appears to this Court that the reason for issuing memo by the Sub-Divisional Controller to the police regarding the reputation of the petitioner is unknown. However, the Sub-Divisional Controller, Food & Supply has no authority under the Control Order, 2013 to issue a memo upon concerned police station to justify local reputation of a candidate.

Considering the same, I intend to call for a report from both the Sub-Divisional Controller as well as the Superintendent of Police, Murshidabad to justify the action of the concerned authorities. The report of Sub-Divisional Controller shall contain the justification why he issued a memo to the concerned police authority seeking local reputation of the petitioner. The report of Superintendent of Police shall contain justification and detailed findings of memo dated 21^st of February, 2025 issued by the S.I.

of Police, Lalgola P.S.

Let a comprehensive report be placed by the respondent authorities within three weeks from date. Reply/exception against the report be placed on record by the petitioner within two weeks thereafter.

List the matter on 3^rd week of August, 2025 under the same heading.

Considering the facts and circumstances of this case and considering the issue that the petitioner’s candidature has not cancelled yet I think it necessary to pass an order of Status Quo. Accordingly, there should be an order of Status Quo in respect of the impugned vacancy till a period of eight weeks from date.