JOGENDRA NATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant-writ petitioner had applied for MR Dealership at Petla, Adabari in 1992. Sub-Divisional Food Controller found the appellant-writ petitioner eligible for appointment but the local Panchayat Samity recommended in favour of the respondent no.6. On 31/8/1994 appellant-writ petitioner made a representation to the respondent authorities to consider his candidature for the said dealership. Thereafter, there was a hiatus of about 28 years. In 2022, appellant-writ petitioner revived his claim and made a representation that he should be appointed to the aforesaid dealership. His recommendation not being acted upon, he approached this court.

(2.) Learned Single Judge dismissed his prayer on the ground of delay and laches. Learned Judge observed the dealership no longer existed and the ration card holders had been attached to another dealership.

(3.) Learned Advocate for the appellant-writ petitioner submits that the fundamental right of the appellant-writ petitioner to carry on trade and business cannot be ignored merely on the ground of delay. Sub- Divisional Officer found him to be most eligible for allotment but he was illegally denied the dealership. He relied on various authorities in support of the proposition that writ petition ought not to be dismissed on the ground of mere delay and laches.