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2025 DAILYLAW 9770 (CAL)

NAJRUL ISLAM v. STATE OF WEST BENGAL AND ORS.

WPA/3250/2025 · 2025-03-05

Subhendu Samanta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05.03.2025 SL No.13 Court No.24 Ali WPA 3250 of 2025 Najrul Islam Versus The State of West Bengal & Ors. Mr. Ram Anand Agarwala, Ms. Nibedita Pal, Mr. Ananda Gopal Mukherjee, Ms. Sonam Ray, Ms. N. Khatoon ….for the petitioner. Mr. Swapan Kr. Datta, Sr. Adv., Mr. Dipankar Das Gupta ……for the State. Affidavit-of-service filed on behalf of the petitioner is taken on record. Mr. Agarwala, learned senior counsel appearing on behalf of the petitioner submits that the petitioner is running FPS business in the area wherein previously the authority concerned had issued a Vacancy Notification. Challenging the said Vacancy Notification the petitioner approached this Court in a writ petition. A coordinate Bench of this Court in WPA 20174 of 2023 has issued a specific order of status quo containing, inter alia, that: “In the meantime, there shall be an order of status quo in respect of dealership business of the petitioner till the disposal of the appeal pending before the Hon’ble The 2 Chief Justice or until further order whichever is earlier”. Mr. Agarwala, further submits that the said order of status quo is still subsisting but the authority again issued a notification on 2nd of January, 2025 declaring a fresh vacancy over the area wherein he is running the business. He submits that the order of status quo is subsisting till today by virtue of order of Division Bench of this Court in MAT 1543 of 2024. He submits that the authority may be directed not to delink any of the ration card from the MR shop of the present petitioner. Mr. Datta, learned Senior counsel appearing on behalf of the state authority submits that no card has been delinked from the FPS of the present petitioner till today. He further submits that by virtue of Notification dated 2nd January, 2025 no card of the petitioner is proposed to be delinked. Considering the submissions, it appears to me that the learned counsel appearing on behalf of the respondent submits on instructions the proposal of the state authority for creation of new vacancy by virtue of notification dated 2nd January, 2025 wherein no card would be delinked from the FPS of the present petitioner. Taking note of the 3 said submission, it appears that the no order in the instant writ petition is required to be passed. Accordingly, the same is disposed of. Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions. (Subhendu Samanta, J.)