ASR 18.

Ct. no. 24.

5.3.2025 WPA 4663 of 2025 Sudip Mal Vs.

State of West Bengal & Ors.

Mr. Debabrata Saha Ray Mr. Pingal Bhattacharya Mr. Subhankar Das ……..For the petitioner Mr. Suman Sengupta Ms. Amrita Panja Maullick …….. For the State Affidavit-of-service filed on behalf of the petitioner, is taken on record.

The present petitioner challenged impugned vacancy notification for appointment of FPS dealer over the operational area, where the present petitioner is already running F.P shop dealership business with full satisfaction since long.

Mr. Saha Ray, learned advocate for the petitioner submits that the petitioner has challenged the vacancy notification on the ground that after promulgation of National Food Security Act, 2013 and Targeted Public Distribution (Control) Order, 2015, the Control Order 2013, on the basis of which the vacancy has been declared, has become redundant.

Mr. Saha Ray further submits that the issue has been fixed to be heard by Hon’ble Divisional Bench of this court in a batch of appeals being MAT 1543 of

2024 etc.

Mr. Saha Ray further submits that this court has passed several interim orders in different writ petition to the extent that the State can not be allowed to select or grant of licence till the disposal of the pending appeals by the Divisional Bench.

Mr. Suman Sengupta has raised objection and submits the issue involved in the instant writ petition is totally different that of the issues pending disposal before the learned Division Bench.

Having heard learned counsel for the parties and also considering the submission and the fact to extent that several similar orders of interim protection have already granted by this court, I am of the view that the present writ petitioner deserves the similar order.

The State-respondent is directed to file a report in the form of affidavit within four weeks from date; exception thereto, if any, be filed within two weeks thereof.

Considering the aforesaid submissions, State authority may proceed with the selection process but so far as the grant of licence is concerned, the same shall not be issued till the disposal of batch of appeals pending before the learned Division Bench being MAT

1543 of 2024 etc.

Let the matter go out of the list.

Liberty to mention.

All parties shall act on the server copy of this order duly downloaded from the official website of this court.

[Subhendu Samanta, J]