In the High Court at Calcutta

Civil Appellate Jurisdiction

Appellate Side

The Hon’ble Mr. Justice Sabyasachi Bhattacharyya

And

The Hon’ble Mr. Justice Supratim Bhattacharya

FMA No. 1329 of 2024

With

IA No: CAN 1 of 2025

With

COT No. 75 of 2024

M/s Kultali Food Marketing Private Limited

Vs.

Shyama Self Help Group and others

For the appellant : Mr. Saptansu Basu, Sr. Adv.,

Mr. Ram Anand Agarwala,

Ms. Nibedita Pal,

Mr. Ramesh Dhara

Mr. Ananda Gopal Mukherjee,

Ms. Sonam Roy,

For the respondent : Mr. Debabrata Saha Ray, Sr. Adv.,

Mr. Pingal Bhattacharya,

Mr. Subhankar Das,

Mr. Neil Basu,

Mr. Sankha Biswas,

Mr. Avidipta Paul,

Ms. Oindrila Sarkar

For the State : Mr. Susovan Sengupta, Sr. Govt. Adv.,

Mr. Sanatan Panja

Heard on : 01.09.2025, 04.11.2025

06.11.2025 & 18.11.2025

Hearing concluded on : 18.11.2025 Judgment on : 02.12.2025

Sabyasachi Bhattacharyya, J.:-

1. The genesis of the present lis is a Vacancy Notification (for short, “VN”) dated July 17, 2019 issued by the District Controller, Food and Supplies Department in respect of appointment of Modified Rationing Distributor (MR Distributor) at Jamtalahat, Kultali, District - South 24 Parganas. The appellant and the respondent no.1/cross-objector are contenders for such distributorship. The matter has a checkered history; however, the entire background narrative need not be set forth, being irrelevant in the present context. The facts relevant for the present adjudication are as follows:

2. A VN for the said distributorship at Jamtalahat was issued first on December 31, 2009, under the West Bengal Public Distribution System, (Maintenance and Control) Order, 2003, pursuant to an order dated July 9, 2004 of this Court. The said notification was challenged, having not been widely published, in a writ petition, which was allowed by directing the authorities to issue a public notification in the Official Gazette and two daily newspapers. Such order of the learned Single Judge was affirmed by a Division Bench in appeal.

3. A Gazette Notification was accordingly published on June 21, 2011. The present appellant was found a suitable candidate therein.

4. One Barun Ghosh, another contender for the distributorship, made a representation against an enquiry report of the Sub-Divisional Controller, Food and Supplies, Baruipur, South 24 Parganas, upon which the Director, DDP&S directed the District Controller to re-enquire the matter. On re- enquiry, the name of the said Barun Ghosh was recommended as a suitable candidate.

5. The appellant challenged the order of the Director, by way of a writ petition bearing WP No. 132 (W) of 2012, which was allowed on August 14, 2013, quashing the report and directing the District Controller to consider the report of the Sub-Divisional Controller and to send his recommendation to the Director, with liberty to the Director to make a fresh enquiry, if not satisfied.

6. Since the 2003 Control Order had been repealed by the 2013 Control Order in the meantime, the said vacancy itself was cancelled by the State and the Sub-Divisional Controller was directed, by a communication dated January

31, 2014, to initiate a fresh proposal under the 2013 Control Order.

7. The appellant preferred WP No. 10608 (W) of 2014 against the said direction, in which affidavits were directed on June 9, 2014, without passing any interim order.

8. The said Barun Ghosh preferred an appeal bearing MAT No. 1150 of 2014 against the said order, which was dismissed on July 16, 2014, granting liberty to challenge subsequent steps taken by the authorities by filing appropriate application in the pending writ petition.

9. The District Controller next published an advertisement vide memo dated July 13, 2015, inviting applications for filling up of the vacancy of distributorship “near the office of the BDO” under Kultali Block, thereby shifting the location from Jamtalahat.

10. Barun Ghosh now preferred another writ petition bearing WP No. 17744 (W)

of 2015 challenging such advertisement, as well as assailed the communication dated January