07.09.2026 Item No. 19 Ct. No. 10 rup W.P.A. 20230 of 2026 Anita Roy Sarkar Vs. State of West Bengal & Ors. Mr. Debabrata Saha Roy, Sr. Adv, Mr. Pingal Bhattacharyya, Mr. Subhankar Das, Mr. Neil Basu, Mr. A. Paul, Ms. Oindrilla Sarkar ...For the Petitioner. Mr. Rivu Dutta, Mr. Jayanta Kr. Dhar. … For the State. 1. Petitioner in the present writ petition challenges in action on part of the respondent authorities in not arriving at a conclusive decision regarding the candidature of the writ petitioner in the light of Gouri Das Biswas Vs. State of West Bengal (MAT 224 of 2024). 2. It is submitted that in plethora of cases this court has observed the issue involved herein by placing reliance upon Gouri Das Biswas (supra). In this context, the petitioner further relies upon paragraphs nos. 9 to 12 of an order dated 28.1.2026 passed by this court in the case of Safique Ikbal Vs. State of West Bengal & Ors.(WPA 1129 of 2026). The relevant paragraphs are reproduced herein below: “9. Having heard the learned counsel for the parties and considering the nature of issues involved herein, it appears that the petitioner applied for license for FPS dealer. He used the land for construction of proposed shop cum godown, the sketch map of the godown describes the character of land as "godown and office". 10. I am of the view that the impugned action of the respondent is not correct in the light of the observation of the Hon'ble Division Bench of this Court as regarding submission of ROR and character of land is optional thus the petitioner shall be considered as an eligible candidate. 11. The concerned authority is directed to consider the candidature of the petitioner, along with other candidates for issuance of license. 12. The concerned authority shall issue license in favour of the most suitable candidate in respect of impugned vacancy notifications, according to law.” 3. It is further submitted that representations were made by the petitioner on various occasions and notice of hearing was issued on 06.05.2026 fixing the date of hearing on 14.05.2026, but no decision has been taken by the concerned authorities till date. 4. It is further submitted that petitioner participated in the personal hearing. During the course thereof, stated that there was no necessity to produce records of rights or any documents showing the character of land as “Dokan/Vastu/Commercial” for getting the FPS licence. 2 5. The petitioner had already submitted the supporting documents with regard to the conversion of land, which is still pending for consideration. 6. Pursuant to vacancy notification dated 30.11.2023 the petitioner submitted an application on 12.3.2024 after complying with all formalities, and had emerged as the most suitable and eligible candidate. 7. Learned counsels for the State submits that the writ petition is premature in nature since the selection process has not attained its finality thus, the rights of the petitioners have not been prejudiced. 8. Having heard the parties and upon perusing the material on records, I find that petitioner has made out a prima facie case warranting interference of this Court. Thus, this Court is of the view that respondent no.6 shall consider the representation dated 03.11.2025 along with other relevant documents pertaining to clarification of the character of land in the light of judgement of Hon’ble Division Bench in Gouri Das Biswas Vs. State of West Bengal (MAT 224 of 2024) as well as Safique Ikbal Vs. State of West Bengal & Ors (WPA 1129 of 2026) and shall pass a reasoned 3 and speaking order in accordance with law within a period of four weeks from date upon affording an opportunity of personal hearing to the petitioner and communicate such decision within a week thereafter. 9. With the above observation and direction, the writ petition is disposed of without going into the merits of the case. 10. Since the affidavits have not been called for, the allegations made in the instant writ petition are deemed not to have been admitted and are deemed to have been denied by the respondents. 11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties as expeditiously as possible. (Smita Das De, J.) 4