SHAH ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A vacancy of fair price shop dealership was notified on 15/2/2022 to be situated at Khagraghat Chaipara, Chaipara Natunpara, Mouza- Gopjan (CT), J.L No.098 within Radharghat-1 Gram Panchyat, under Police Station Berhampore, Murshidabad. The petitioner submitted an application for grant of licence in prescribed form annexing all necessary documents before the Sub-Divisional Controller, Food and Supplies, Berhampore (Sadar). Some other candidates also applied for the said dealership as per the vacancy notification dtd. 15/2/2022. Subsequently, he was informed that an inquiry would be held on 8/6/2022 at the proposed shop cum godown site of the petitioner and he was directed to remain present at the site on the date and time of inquiry with all relevant documents. On the fixed date, inquiry was conducted at the proposed shop cum godown of the petitioner and the members of the inspecting team expressed their satisfaction with regard to infrastructures and financial capability of the petitioner. Subsequently, the petitioner and private respondent No.6 were directed to appear before the District Level Fair Price Shop Selection Committee in the chamber of the Additional District Magistrate (Development) with all relevant documents. The petitioner was present at the schedule date, time and venue. The officials of the Food and Supplies Department examined the relevant documents. It is further stated by the petitioner that the size of the godown of the petitioner is more than 600 sq. ft and he had the financial solvency to be selected as fair price shop dealer. However, he came to know that the Sub-Divisional Controller, Food and Supplies, Berhampore Sadar recommended private respondent No.6 for dealership before the District Controller, Food and Supplies Murshidabad and the District Controller forwarded the same to the Director of DDP and S for necessary approval of issuance of FPS licence in favour of the private respondent.

(2.) It is submitted by the petitioner that the godown of the private respondent No.6 is situated on a narrow lane. It is not possible for the distributor to deliver ration articles at the doorstep of the godown of the respondent No.6. On the other hand, the godown of the petitioner is situated adjacent to the main road and there is 12 ft. wide road in front of the petitioner's godown. The distributor can conveniently reach the godown of the petitioner for unloading ration articles. It is also contended by the petitioner that the godown of the private respondent is situated upon agricultural land. The petitioner came to know that the size of the godown of respondent No.6 is smaller than that of the petitioner and total area is less than 600 sq. ft. The Sub-Divisional Controller, Food and Supplies failed to appreciate and consider the above mentioned facts and forwarded the file of the private respondent to the higher authorities for grant of licence. It is alleged by the petitioner that such act of the respondent specially the respondent No.5, Sub-Divisional Controller, Food and Supplies Department is arbitrary, unjust, illegal and mala fide and also violates the petitioner's right protected under Article 14, 19(I)(g) and 21 of the Constitution. It is also submitted by the petitioner that in spite of having all eligibility criteria as per vacancy notification dtd. 15/2/2022 the petitioner was denied FPS licence and it was wrongly granted in favour of the respondent No.6.

(3.) The respondent No.5, Sub-Divisional Controller, Food and Supplies Department has filed a report in the form of affidavit denying all allegations made by the petitioner in the writ petition. It is contended by the respondent No.5 that a vacancy notification was published in respect of the dealership of fair price shop at Khagraghat Chaipara on 15/2/2022 in the official website of the Food and Supplies Department. Subsequently, the said vacancy was notified in a Bengali and English Daily, mainly, 'Bartaman' and 'The Times of India' on 15/3/2022. The candidates made applications for dealership of the FPS shop and on the basis of the inquiry report it was ascertained that the measurement of the godown of the petitioner was 474 sq. ft. and sales counter was measured about 210.12 sq. ft. respectively. The said area is smaller than the godown and shop room offered by the private respondent. The measurement of the godown and fair price shop room of the private respondent was 859.66 sq. ft and 292.40 sq. ft. respectively which is much bigger than the petitioner. After conducting thorough inquiry under the supervision of the Sub-Divisional Controller, Food and Supplies Private respondent No.6 was selected as the best candidate amongst the applicants in respect of the nature of land, area and condition of the godown, storage capacity and other criteria required to establish a new fair price shop. It is also submitted by the Sub-divisional Controller, that inspection is held on score based inquiry on offline module and therefore there is no scope for any foul play in the inquiry. Since the private respondent was found the most suitable her name was recommended for dealership. The Sub-Divisional Controller also states that the proposed godown of the private respondent is situated over plot No.4758, 4762, 4763, 4764 under khatian No.13557 of Mouza- Gopjan, Chaipara under Radharghat-1 Gram Panchyat and the character of the land is recorded as vitti. The result of inquiry was placed before the District Level Fair Price Shop Selection Committee and on the basis of the inquiry report as well as score sheet the respondent No.6 was selected. The land on which the godown and shop of the respondent No.6 are situated were converted to bastu land. Therefore, there was no illegality in selecting respondent No.6 as a dealer of the fair price shop of the above named village.