07.09.2026 16 Ct. No.10 Sws.M WPA 17634 of 2026 Putul Shee vs. The State of West Bengal & Ors. Mr. Bhagabat Chaudhuri Ms. Mallika manna …..for the petitioner Mr. Nikunj Berlia, Ld. AGP Mr. Bijitesh Mukherjee Ms. Manasi mukherjee ….for the State-respondents Mr. Shah Jahan Hossain Ms. Sonjida Sultana Mr. Prithwiraj Biswas Mr. Souvik Shaw …..for the respondent No. 8 1. The affidavit of service filed in court today is taken on record. 2. The petitioner claims to be one of the co-owners of a plot upon which the licence for Fair Price Shop dealership has been issued in favour of the private respondent. 3. It is submitted on behalf of the petitioner that Title Suit being No. 47 of 2025 dated 28.02.2025, pertaining to ownership of Plot No. 50, under L.R. Khatian Nos. 311, 536, 1355, 1356, 1357 & 1358, Mouza –Adra, P.S. – Bagnan, District – Howrah, is pending before the competent civil court, in respect of which the license has been granted in favour of the private respondent. 2 4. During the pendecy of the said Title dispute in respect of Plot No. 50, the private respondent is illegally running the FPS dealership from Plot No. 51, which is residential in nature and dehors the mandate of the provisions of the statute. 5. It is further submitted that the petitioner had filed a representation dated 12.06.2026 before the authority concerned seeking cancelling and/or termination of the Fair Price Shop licence granted in favour of the private respondent. However, the same remains pending for consideration. 6. Learned counsel appearing for the State- respondents and the private respondent raise objection to the submissions made by the petitioner and submit that the licence has been rightly granted in favour of the private respondent upon compliance of all statutory formalities. 7. Having heard the parties and upon considering the materials on records, this Court finds that the petitioner has been able to make out a prima facie case warranting interference at this stage. 8. However, it is made clear that the petitioner shall furnish in writing the names of the co-sharers upon whom a notice of hearing is required to be served by the department of respondent No. 4. Upon receipt of such names, respondent no. 4 shall serve notice of hearing upon the respective 3 parties, and thereafter, consider the representation of the petitioner dated 12.06.2026 within a period of four weeks from the date of communication of this order and pass a reasoned and speaking order in accordance with law and after affording an opportunity of hearing to the petitioner and co-owners of Plot No. 50 along with the private respondent and communicate such decision within a week thereafter. 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.)