ASHIM SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Nandi, learned counsel appearing for the petitioner as well as Mr. D. C. Saha, learned counsel appearing for the respondent No.6 and Mr. Alik Das, learned counsel appearing for the respondent No.7. When the matter is called out, none appears for the official-respondents. However, they have filed their reply contesting the case of the petitioner.

(2.) The petitioner 's grievance falls within the short compass and as such the matter has been taken up for final disposal today. It is admitted fact that the petitioner and the respondent No.7 had made prayer seeking this appointment as the Fair Price Shop dealer for East Hurua Fair Price Shop. Such application was filed in response to the memorandum inviting application for appointment of the dealer for East Hurua Fair Price Shop. The vacancy was created for surrendering the license by the earlier dealer.

(3.) According to Mr. Nandi, learned counsel appearing for the petitioner that on 06.02.2018 East Hurua Panchayat had adopted a resolution to issue No Objection Certificate (NOC) in favour of the respondent No.7, in terms of Annexure- 2 of Schedule 2 of Food Safety and Standards Act, 2006. The Licensing Authority (Sub-Divisional Magistrate), Dharmangar, having considered the other eligibility of the respondent No.7, appointed him as the dealer of East Hurua Fair Price Shop by the Memorandum No.03(43)/SDM/DMN/FP/1997/1563-67 dated 21.01.2019 (Annexure-H to the writ petition). The petitioner has challenged the said memorandum, dated 21.01.2019, by means of this writ petition, on the solitary ground that no objection as was issued by the East Hurua Gram Panchayat in the meeting dated 06.12.2018 vide resolution No. 17/2018-19 has been recalled/revoked by their resolution No.23/2018-19 dated 01.03.2019, the relevant part of which reads as under: