RAMKRISHNA PANDIA Vs. JOGESH CHANDRA SARKAR

JUDGEMENT

(1.) This mandamus appeal is at the instance of a third-party in a writ application and is directed against the order dated 29th March, 2006 passed by a learned Single Judge by which the learned Judge allowed a writ application filed by the private-respondent before us by directing the State-respondent not to give any appointment to the present appellant as modified-ration-distributor for the Dinhata Sub-division of the District-Cooch Behar and to initiate a fresh recruitment-process and select the fittest candidate for the distributorship following the existing provisions of law.

(2.) The present appellant was not a party to the said writ application and having been affected by the order of the learned Single Judge prayed for leave to file the present appeal and we granted such leave.

(3.) At the time of hearing of the appeal, we found that the learned Single Judge was not justified in passing the direction upon the State-respondent not to give appointment to the present appellant without giving an opportunity of hearing to him but as the dispute is pending for a long time, instead of remanding the matter back to the learned Single Judge, we decided to hear out the appeal on merit by inviting the affidavit from the parties.