ABDUL KHALEQUE DAFADAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant writ petition is filed by the petitioner, one Mr. Abdul Khaleque Dafadar, against the respondent authority challenging a notification for appointment of F.P.S. Dealer at Sayestanagar, dtd. 28/3/2023 under Baduria Block District- North 24-Parganas alleging violation of the Guidelines dtd. 3/9/2021 for declaration of new vacancy for appointment of F.P.S Dealer.

(2.) The petitioner carries on business as Fair Price Shop dealer at Magurali Satpai which is adjacent to Village- Sayestanagar, Post Office-Sayestanagar, Police Station- Baduria, District: North 24- Parganas in terms of the licence granted by the licencing authority as per provision of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. A total number of 7535 ration cards are tagged with the petitioner's dealership. The consumers/ration card holders of Magurali Satpai and Sayestanagar are tagged with the petitioner's dealership.

(3.) On 28/3/2023, a vacancy notice by the Directorate of District Distribution, Procurement and Supply, vide order 834/FMR/10D-03/14 (Part-II) was issued for rationalizing of ration card population. The petitioner challenges this notice of vacancy. The petitioner states that on 4/9/2020 the Additional Secretary, Government of West Bengal issued a letter to the Director of District Distribution Procurement and Supply regarding approval for a new vacancy of F.P.S. Dealer in the District of North 24-Parganas. The petitioner states that in the said letter dtd. 4/9/2020, there is no proposal for a new vacancy of Fair Price Shop dealer at Sayestanagar, Baduria Block under Basirhat Sub-Division, District: North 24-Parganas. Therefore, he argues, that the said vacancy notice was issued not only in violation of the guideline dtd. 3/9/2021 and the letter dtd. 4/9/2020 but also, the said vacancy notice was not published in the local as well as in a widely circulated daily newspaper which was essentially required as per provision of the Control Order, 2013. As such the said vacancy notice is liable to be cancelled and/or set aside.