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2026 DAILYLAW 38416 (CAL)

MUSTAK ALAM v. STATE OF WEST BENGAL AND ORS.

WPA/19994/2026 · 2026-09-07

Smita Das De

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 18 Ct. No.10 Sws.M WPA 19994 of 2026 Mustak Alam vs. The State of West Bengal & Ors. Mr. Pratip Kumar Chatterjee Mr. Tridip Mishra Ms. Maitrayee Chatterjee …..for the petitioner Mr. Susanta Dutta Mr. Prasanta Bishal ….for the State-respondents 1. The affidavit of service filed in court today is taken on record. 2. In the present writ petition, the petitioner challenges, inter alia, the inaction on the part of the respondent-authorities in not concluding the entire selection process for appointment of a Fair Price Shop dealer pursuant to a vacancy notification Memo No. 886/SCK/2024 dated 26.12.2024 issued by the respondent No. 6/Sub- Divisional Controller (Food & Supplies), Department of Food & Supplies. 3. Learned counsel appearing for the petitioner submits that an application has already been submitted before the authority concerned for grant of licence. An enquiry was already conducted by the Area Inspector, Kandi, Murshidabad on 27.03.2025 regarding the 2 proposed shop-cum-godown and other eligibility criteria. 4. The petitioner submits that despite fulfilling all the eligibility requirements, the respondent authorities have failed and/or neglected to complete the entire selection process and kept the same in abeyance for a considerable period of time. The petitioner has also submitted additional land documents including converted land documents for proper consideration and adjudication for grant of licence. 5. The petitioner prays for the entire selection process to be concluded by arriving at a logical conclusion in a time bound manner. 6. Learned counsel appearing for the State- respondents raises an objection to the maintainability of the writ petition since the issue involved herein is premature by nature and has not attained finality. 7. Having heard the parties and upon considering the materials available on records, this Court finds that the petitioner has been able to make out a prima facie case warranting interference at this stage. 8. To balance the equities and for the ends of justice, this court directs the respondent No. 6 to conclude the entire process of selection for the 3 appointment of FPS dealer by arriving at a logical conclusion within a period of six weeks from date, peremptorily on or before 30th November, 2026, since the entire selection process pertains to a notification dated 26.12.2024 which is pending for considerable period of time. 9. With the above observations and directions the writ petition stands disposed of without going into the merits of the case. 10. Since affidavits have not been called for, the allegations made in the instant writ petition are deemed to have been denied and not admitted. 11. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Smita Das De, J.)