03-09-2025 Item No.9 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.20062 of 2025 Malda Banana Merchant’s Welfare Association, Malda & Anr. -vs- The State of West Bengal & Ors. Mr. Jagabandhu Roy Mr. Salma Sultana Mr. Sani Hossain …for the petitioners Mr. Ansar Mandal, AGP Mr. Tanweer J. Mandal …for the State Ms. Sutapa Sanyal Mr. Debrup Bhattacharjee Mr. Pradeep Kumar Tulsyan …for respondent no.6 1. The Association is the writ petitioner in the instant Article 226 petition comprising of members who participated in a lottery for allotment of stalls conducted by the Malda Zilla Regulated Market Committee in the year 2022. 2. In furtherance of the lottery, stalls were allotted to the selected members and lease deed was executed in favour of some of them. The deed has not been executed in favour of all the selected allottees till date. 3. The Malda Zilla Regulated Market Committee presently intends to vary and modify the terms and conditions of the lease. The Association and its members are aggrieved by the same. An objection by the Association is pending consideration before the District Magistrate being the Chairman of the Market Committee. 4. The petitioners submit that there ought not to be discrimination between the members who were allottees of stalls from the same allotment process. 5. Learned counsel for the Marketing Committee submits, upon instructions, that the members in whose favour the deed was executed had deposited a lump sum amount on account of security which is currently being adjusted by way of monthly rent. The members who have not yet deposited the security will not be required to deposit the sum but would be liable to pay rental on monthly basis. 6. Upon hearing the submissions made on behalf of the respective partiers and on perusal of the documents placed before this Court, it appears that the Market Committee conducted a lottery in the year 2022 and that allottees were selected in the said lottery. The allottees are liable to be treated equally. 7. The Market Committee ought not to discriminate between the allottees who were selected for allotment of stalls in the subject lottery. An objection from the Association is already pending disposal before the Chairman of the Market Committee. 8. The District Magistrate and Chairman of the Market Committee is, therefore, directed to consider and dispose of the petitioners’ objection dated May 26, 2025 (Annexure P4, p.42) strictly in accordance with the prevailing rules, after giving an opportunity of hearing to all the necessary parties, at the earliest, but positively within a period of six weeks from the date of 2 communication of this order. A reasoned decision shall be passed and made known to the Association forthwith thereafter. 9. If the prayer of the petitioners for execution of deed is accepted by the Chairman, then necessary consequential steps shall be taken without any further delay. 10. The writ petition stands disposed of. 11. Affidavit of service filed in Court be taken on record. 12. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 13. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3 4