Limited & Anr vs State Of West Bengal & Ors
2023 Latest Caselaw 4334 Cal

19.07.2023
Srimanta
Sl. No. 09
Ct. No. 42
                                        WPA/16666/2023

                 Nandigram Cooperative Marketing Society
                                   Limited & Anr.
                                  -Vs.-
                       State of West Bengal & Ors.

                     Mr. Arjun Ray Mukherjee,
                     Ms. Saheli Mukherjee
                                                                 ...for the petitioners.
                     Ms. Jhuma Chakrabarty,
                     Mr. Suddhadev Adak
                                                                       ...for the State.


                     Affidavit-of-service filed in Court today be kept
             with the record.
                     A        notice    of   vacancy        of    distributorship      at
             Nandigram - II Block within Haldia Sub-Division in the
             district of Purba Medinipore was notified on 1 st June,
             2023.
                     Suffice it to say that over appointment of
             distributorship at Nandigram - II Block, a writ petition
             bearing          no.      22336/2022      is        pending      before   a
             Coordinate Bench for delivery of judgment. Argument
             of the matter was heard on 16 th May, 2023. However,
             judgment has not been passed as yet.                               In the
             meantime, a fresh notification was issued which is
             impugned in the instant writ petition on the approval
             by the Government in the Department of Food and
             Supplies. The question that is germane in the instant
             writ petition is as to whether the administrative
             authority issued the instant notification dated 1 st June,
             2023 when the matter is under consideration of this
             Court       in    WPA/22336/2022.                    In   view    of   such
             circumstances, the instant writ petition is admitted.
             The State respondents are directed to file a report in

the form of affidavit within two weeks from the date of this order and serve a copy of the same to the learned Advocate for the petitioner. Petitioner is at liberty to file exception to such report or affidavit-in- reply as the case may be within one week thereafter.

The instant writ petition be listed for hearing on 17th August, 2023.

In the meantime, the respondents are restrained from giving effect to the impugned notification dated 1st June, 2023.

(Bibek Chaudhuri, J.)