Raj Kumar Das vs State Of West Bengal & Ors
2022 Latest Caselaw 3988 Cal

05.07.2022
 Item No.31
Court No.32
Avijit Mitra
                               WPA 11361 of 2021
                           Raj Kumar Das
                              - Versus -
                           State of West Bengal & ors.

                           Mr. Anindya Lahiri,
                           Ms. Pranati Das
                                            ...for the petitioner


                     Despite direction passed by this Hon'ble Court

               on 20th July, 2021, no affidavit has been filed on

               behalf of the respondents.

Mr. Lahiri, learned advocate appearing for the

petitioner submits that the private respondent no.11

has served him with a copy of an affidavit. However, at

the time of call no one appears on behalf of the private

respondent no.11 and no affidavit is also on record.

Mr. Lahiri further submits that the petitioner

no.1 had applied in requisite form for an MR

Dealership. He submits that by a notification dated

17th August, 2015 issued by the Joint Secretary,

Government of West Bengal, the fair price shop

vacancies notified by memo dated 26 th August, 2013,

6th November, 2013, 20th January, 2014, 4th March,

2014 and 8th January, 2015 have been cancelled.

Mr. Lahiri further submits that by judgment

delivered by the Division Bench of this Court on 6t h

March, 2019 in MAT No.1341 of 2018 the aforesaid

notification dated 7th August, 2015 has been quashed

and set aside.

He further submits that in light of quashing of

aforesaid notification, the petitioner's prior writ

application being W.P. No.26234 (W) of 2015 was

disposed of by this Hon'ble Court by order dated 12 th

December, 2019, inter alia, directing the concerned

authority to take a final decision in connection with

the petitioner's application for dealership.

He submits that by order dated 30 th December,

2020, the Sub-Divisional Controller, (F&S),

Berhampore, Sadar has, inter alia, observed that the

operation of the judgment and order passed in MAT

No.1341 of 2018 has since been stayed by the Hon'ble

Supreme Court of India in Special Leave Petition

No.43716 of 2019 which has been wrongly written as

SLP No. 13716 of 2019 in the aforesaid order. The

petitioner has since been able to obtain the order

dated 16th December, 2019, passed by the Hon'ble

Supreme Court of India as aforesaid.

Mr. Lahiri further submits that the Hon'ble

Supreme Court has only stayed the operation of the

order passed by the Division Bench. Mr. Lahiri

submits that such stay does not and cannot be

construed to remove the complete effect of the

judgment passed in MAT No.1341 of 2018.

Since the Hon'ble Supreme Court of India is in

seisin of the matter, let the matter stand adjourned

sine die with liberty to mention.

All parties shall act on the server copies of this

order duly downloaded from the official website of this

Court.

(Raja Basu Chowdhury,J.)