ZAKIR SHEIKH Vs. MD. ESRAIL & ORS

JUDGEMENT

(1.) This appeal is directed against a final order dated February 8, 2013 passed by the learned Single Judge in the writ application directing the Sub - Divisional Controller, Food & Supplies, Nalhati, Rampurhat, Birbhum to issue M.R. Dealership licence in favour of the writ petitioner subject to fulfillment of all necessary conditions and/or requisites within the period mentioned in the impugned order.

(2.) There is no dispute with regard to the factual matrix of this case. The respondent no.5 invited applications from the eligible candidates for filling up of vacancy of M.R. Dealer of Kumarsanda in Nowapara Gram Panchayat under Nalhati -II, Loharpur Block of Nalhati Police Station, District -Birbhum by virtue of a notice dated December 12, 1985. Eight candidates, including the appellant and the respondent no.1, participated in the above selection process. Respondent no.3 conducted an enquiry in respect of the above applications and submitted his enquiry report dated January 20, 1986 to the respondent no.5 for taking further steps in the matter. In preparing the above report, the financial solvency, all documents of the applicants and capacity and conditions of the godowns of the candidates were taken into consideration. The respondent no.5 forwarded the above report to the Nalhati -II Panchayat Samity, Loharpur, District -Birbhum for consideration by the Khadya -O -Sarbaraha Sthayee Samity with his comment in favour of granting licence to the respondent no.1. But the Khadya -O -Sarbaraha Sthayee Samity of the above Panchayat Samity recommended the name of the appellant for granting licence of M.R. Dealership for the area concerned. Since there was a disagreement in between comment of the respondent no.4 and recommendation of the Khadya -O - Sarbaraha Sthayee Samity of the above Panchayat Samity, all records relating to the selection process of the M.R. Dealer concerned were forwarded by the respondent no.4 to the Khadya -O -Sarbaraha Sthayee Samity of Birbhum Zilla Parishad through the respondent no.6. Khadya -O -Sarbaraha Sthayee Samity of the Zilla Parishad, Birbhum recommended the name of the appellant for granting licence of M.R. Dealership in his favour. The above procedure was followed adhering to non -statutory guideline framed by the Directorate of District Distribution, Procurement and Supply, West Bengal under Memo. No.574 (125)/FMR/2/66/Pt 1 dated May 22, 1985 (hereinafter referred to as the said non -statutory guideline) prescribing the procedure for appointment of M.R. Distributors and M.R. Dealers.

(3.) The respondent no.1 filed the writ application, which gives rise to this appeal, challenging the recommendation of the name of the appellant. His main ground for challenging the above recommendation was the recommendation of name of the appellant following the procedure prescribed in the said non - statutory guideline.