Asit Kumar Mondal vs The State Of West Bengal & Ors
2023 Latest Caselaw 4652 Cal

Form J(2)        IN THE HIGH COURT AT CALCUTTA
                CONSTITUTIONAL WRIT JURISDICTION
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                         WPA 27955 of 2022

                         Asit Kumar Mondal
                                 Vs.
                   The State of West Bengal & Ors.


Mr. Debabrata Saha Roy
Mr. Pingal Bhattacharya
Mr. Subhankar Das
            ..for the petitioner

Mr. S. N. Mookherjee, Ld. Advocate General
Mr. Sirsanya Bandopadhyay
Mr. Arka Kumar Nag
Mr. T. M. Siddique
Ms. Amrita Panja Moulick
      ..for the State


Item No.05

Heard & Judgment on:           02.08.2023

Bibek Chaudhuri, J.

Learned Advocate General has appeared in the instant

matter and files an office order vide No. 912-FS/Sectt/Sup/4M-77/18

dated 6th March, 2023 on perusal of which it appears that the

Additional Secretary to the Government of West Bengal, Food &

Supplies Department informed the Director of Rationing of the same

department that in respect of filling up of 25 numbers of vacancies of

the wholesalers of FPS, the Selection Committee did not find any

eligible candidate and, therefore, the selection process virtually ends

without selecting any candidate.

Learned Advocate General has filed a copy of the letter

bearing No. 912 -FS dated 06.03.2023 and copy of which has been

served upon Mr. Saha Roy, learned advocate for the petitioner. The

same be kept with the record.

In view of such circumstances, the instant writ petition

becomes infractuous so far as the petitioner is concerned as the

petitioner has filed the instant writ petition as one of the aspirants to

be entitled to take part in the selection process.

It is made clear that this Court does not consider the

submission made by Ms. Amrita Panja Moulick that the entire

notification dated 29th July, 2022 was cancelled as the said

submission is not factually correct in view of the letter dated 6 th

March, 2023 submitted by the learned Advocate General.

For the reasons stated above, the instant writ petition is

disposed of being infractuous.

This order, however, does not disentitle the petitioner to file a

fresh writ petition if he is so advised.

It is made clear that this Court has not gone into the merit of

the instant case.

In view of disposal of the instant writ petition all interim

orders are vacated.

(Bibek Chaudhuri, J.)