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2026 DAILYLAW 41549 (CAL)

AJOY KUMAR GHOSH v. STATE OF WEST BENGAL AND ORS.

WPA/1464/2025 · 2026-09-16

Smita Das De

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.09.2026 ct no. 10 Sl.04 AGM WPA 1464 of 2025 IA No : CAN 2 of 2026 Ajoy Kumar Ghosh -Versus- State of West Bengal & Ors. Mr. Syed E. Huda. Mr. S. C. Dhara. …for the petitioner. Mr. Debabrata Saha Roy. Sr. Adv. Mr. Pingal Bhattacharya. Mr. Neil Basu. Ms. Oindrilla Sarkar. Mr. Avidipta Paul. … for the respondent no. 6. Ms. Manju Agarwal. Ld. A.G.P. Ms. Ranjana Chatterjee. … for the State respondent. 1. In pursuance of the order dated 31.08.2026 the State respondents have filed the comprehensive report regarding “how many cards can be issued to the private respondent and how many cards of the same can be retained by the writ petitioner”. 2. From the report dated 11.09.2026 filed by the respondent no. 5 has categorically mentioned and a finding has been arrived at that 3074 cards shall be tagged in favour of the private respondent from the existing two FPSs which is reproduced as follows : Name of the FPS dealer Cards proposed to be delinked from the existing FPSs Ajoy Kumar Ghosh (133601900075) 2,679 cards Rudrapratap Nag (133601900072) 395 cards Total 3074 cards 2 3. It is also indicated in the report that 5330 number of ration cards shall be retained by the petitioner and 6277 number of ration cards shall be retained by one Rudrapratap Nag. 4. Learned counsel appearing for the petitioner raises an objection to the disparity in detagging the number of cards from the writ petitioner which reveals that the number of ration cards detagged from the writ petition is much more than the number of cards detagged from Rudrapratap Nag. 5. Learned counsel appearing for the State respondents submits that the entire tagging and the detagging of the Fair Price Shop licence has been done as per the dynamic nature of the DRC database system and such action of the respondent authorities does not suffer from any illegality or irregularity and as such delinking of the DRCs from the two existing Fair Price Shop has been rightly done by the respondent no. 5. 6. Having heard the parties and upon perusing the materials on record, this Court has taken judicial notice of the report and is of the considered view that the Department has already taken a decision to tag 3074 cards in favour of the private respondent. On the contrary, since there is an apparent disparity in taking a decision with regard to delinking of the ration cards of the two existing Fair Price Shop, this Court directs the respondent 3 no. 5 to take an independent decision without being influenced with the observations hereinabove and to arrive at a logical and conclusive finding with regard to the delinking of the ration cards of the two existing FPS dealer, namely, Ajoy Kumar Ghosh and Rudrapratap Nag, in accordance with law. 7. In the meantime, within a period of seven days the respondent no. 5 shall tag 3074 ration cards peremptorily in favour of the private respondent and shall take logical conclusion a decision within a period of two weeks from the date of communication of this order with regard to the disparity of the delinking of ration cards of the two existing FPS dealer Ajoy Kumar Ghosh and Rudrapratap Nag, in accordance with law. 8. However, it is made clear that the entire tagging and detagging of the rations cards in favour of the private respondent including the two existing FPS dealer Ajoy Kumar Ghosh and Rudrapratap Nag shall abide by the result of the appeals pending before the Division Bench of this Court being M.A.T. 1543 of 2024 (CAN 1 of 2024) with M.A.T. 1544 of 2024 (CAN 1 of 2024) with M.A.T. 1545 of 2024 (CAN 1 of 2024) with M.A.T. 1546 of 2024 (CAN 1 of 2024) with M.A.T. 1547 of 2024 (CAN 1 of 2024) with M.A.T. 1548 of 2024 (CAN 1 of 2024) with M.A.T. 1549 of 2024 (CAN 1 of 2024) with M.A.T. 1550 of 2024 (CAN 1 of 2024). 4 9. With the above observations and directions, the writ petition being WPA 1464 of 2025 alongwith connected application are disposed of. 10. Since the affidavits have not been called for the allegations made in the writ petition are deemed to have been denied and not admitted. 11. Urgent Photostat certified copy of this order, of applied for, be supplied to the parties after observing all legal formalities. (Smita Das De, J.)