NUR ISLAM DAPTARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 11/3/2020, the Sub-Divisional Controller (Food and Supplies), Diamond Harbour, South 24 Parganas published a notification being Memo No.380 inviting the application from intending Self-Help Groups, Registered Co-operative societies, Semi Government Organization, Individuals, Group of Individuals as an entity for filling up the vacancy of FPS dealership at village Chandnagar within Gram Panchayat and Post Officer Patra under Diamond Harbour-II Block. On the basis of such notification, the petitioner submitted his application for dealership before the concerned authority on 16/10/2020 annexing all the documents as per the notification dtd. 11/3/2020.

(2.) It is also submitted by the petitioner that he had all eligibility criteria, like godown, covered space and other requirements. He also had the qualification and financial capacity for being appointed as FPS dealer of the area. Though, the petitioner filed application for FPS dealership the state respondents sat tight over the matter which resulted in filing a mass petition on 23rd Mary, 2022 before the District Controller (Food and Supplies), South 24 Parganas. Subsequently, the District Controller (Food and Supplies), South 24 Parganas selected the respondent No.6 on the basis of the inquiry reports and comparative chart as submitted by the Sub-Divisional Controller (Food and Supplies), Diamond Harbour. It is found from the said comparative chart that the respondent No.6 Sujan Ghosh fulfilled all eligibility criteria as mentioned in the vacancy notification and other stipulations laid down in GO No.1706FS. Therefore, he was recommended for granting licence for FPS Shop in respect of the above named village.

(3.) It is further contended by the petitioner the respondent No.6 has no suitable godown within the advertised area. The size of the godown does not correspond with the minimum measurement as per the eligibility criteria. There is no covered space in front of the said godown and also in front of the shop to accommodate at least 20 people. Moreover, the respondent No.6 is an employee of Kolkata Police. It is also alleged by the petitioner that the respondent No.6 did not obtain any no objection certificate from the competent authority and also no permission for construction of a godown from the concerned gram panchayat. Therefore, the petitioner has filed the instant writ petition for the following relief:-