17 30.09.2026 jb jdt. IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA 1428 of 2026 Rahmat Ara Khatun vs. State of West Bengal & Ors. Mr. Sudip Guha Mr. Sandip Guha Roy Mr. Ananda Paul … For the Petitioner Mr. Kunaljit Bhattacharjee Mr. Bibek Tarafder … For the State Affidavit of service filed on behalf of the petitioner is taken on record. The private respondent is not represented despite service. Learned counsel for the petitioner submits that the petitioner applied for dealership of Fair Price Shop in terms of a notification issued by the Government of West Bengal on 10th May, 2024. However, such dealership was granted in favour of the private respondent despite the petitioner submitting requisite fees and producing necessary documents for the purpose. The permission in favour of the private respondent has been granted in contravention of Clause 9(i) of the Part 3 of the notification dated 10th May, 2024 which says that a 2 person holding a licence of FPS dealer or distributor or wholesaler in his name or a person whose relative already has such licence would not be eligible to apply for the licence. Learned counsel submits that the private respondent’s sister has a FPS licence in the State of Bihar which was not disclosed by him before the authority in applying for licence. The petitioner seeks cancellation of his licence. Learned counsel for the State submits, on instructions, that the notification dated 10th May, 2024 pertains to the State of West Bengal and the dealership in any other State in India is not relevant in considering the grant of licence under the said notification. It is a fact that the notification has been issued by the Government of West Bengal and pertains to the State of West Bengal and not beyond. Admittedly, the private respondent’s married sister has a FPS licence in the State of Bihar and not in West Bengal. Therefore, the notification dated 10th May, 2024 is not applicable to the said licence. In response to the representation submitted by the petitioner in this regard, the Sub Divisional Controller, Food and Supply, Siliguri by an order passed on 23rd December, 2025 has held that the licence held by the private respondent’s sister has no link with any FPS under West Bengal TPDS system 3 and, therefore, does not violate any term and condition of the said system or the notification dated 10th May, 2024. Upon consideration of the submission made on behalf of the parties and material on record, this Court is of the view that the decision taken by the concerned authority is correct and justified and there is no illegality or irregularity therein which requires interference by this Court. The writ petition being devoid of merit is dismissed. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J)