IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present: - Hon’ble Mr. Justice Subhendu Samanta.

IN THE MATTER OF WPA 7814 of 2025 Ekbar Ali Vs.

The State of West Bengal & Ors For the Petitioners : Mr. Partha Sarathi Bhattacharyya, Sr. Adv., Mr. Raju Bhattacharyya, Adv., For the Private respondent No 11 : Mr. Niladri Shekhar Ghosh, Adv., Mr. S. Alom, Adv For the State : Ms. Sonal Sinha, Adv., Ms. Munmun Ganguly Adv.

Reserved on : 18.06.2025 Judgment on : 26.06.2025 Subhendu Samanta, J.

1. Petitioner applied for FPS License in terms of vacancy notification being No. – 343/SCF&S/ISP/ 2024 dated 10.05.2024 issued by SCFC Sub-Divisional Controller Food and Supply Islampur.

2. Petitioners application was accepted online, his proposed- shop-cum-godown was inspected. He was called is a personal interview after that the concern authority has selected private respondent and granted him license of the said FPS. By placing this writ petition, the petitioner has challenged the selection of private respondent on mainly two score:-

Firstly, petitioner’s godown is far from the advised central location.

Secondly, there is existence of no road in front of the proposed shop-cum-godown of private respondent.

3. Mr. Parthasarathi Bhattacharya Ld. Senior Advocate appearing on behalf of the petitioner submits that private respondent is a blue eyed boy of the authority concerned thus, though there exists no motorable road in front of the godwon of private respondent, he was selected. It is the further contention of Mr. Bhattacharya, that the petitioner, in all respect is a suitable candidate to have the license. Petitioner has fulfilled all eligibility criteria as mentioned in the advertisement. Petitioner’s proposed shop-cum-godown is much nearer to the central location. Petitioner has suitable godown according to the notification and there is a wide metal road in front of the proposed shop-cum-godown of the petitioner by which vehicle carrying essential commodities may unload it in the godown of the petitioner. He further submits that the petitioners were not granted license by the authority which is arbitrary action of the authority. Learned Counsel for the petitioner further placed annexure P 3 of the writ petition to show that though there is a metal road which can approach the proposed shop-cum-godown of the petitioner but some portion of the metal road is Kacha road; which was ascertained from the reply of the concern block land and land reforms officer in a query of petitioner under RTI Act. He further submits that there is several complaint from the local villagers who raised objection to carry ration commodities over their personal road. The concerned SCFS has not considered their representations/objections but issued license in favour of private respondent.

4. Ms. Sonal Sinha Learned Counsel appearing on behalf of the respondent authority submits that the concerned Sub- Divisional Controller Food & supply has submitted a report in the form of affidavit against the writ petition. Ms Sinha submits on perusal of the said report it would appear that the Sub- Divisional-Controller has placed the inspection report of both petitioner and private respondent in respect of their proposed shop-cum-godown, wherefrom it would appear that during enquiry total area petitioner’s godown consisted of 517.14 Sqft. And area of sales counter was 260.04 Sqft the plinth height of the godown from the road level/ground level was 01 ft. 10 inch; whereas during enquiry it was found that area of godown of private respondent comprised 631.62 Sqft. And the area of sales counter was 246.44 Sqft the plinth height of the godown of private respondent from road level/ground level was 03Ft 05 Inch.

5. Ms. Sinha further submits that though the petitioner was found eligible for the said FPS but he is not most suitable candidate. The private respondent has received highest mark in terms of notification dated May 22, 2023 issued by the Government by making