Firoja Bibi vs The State Of West Bengal And Ors
2026 Latest Caselaw 1567 Cal/2

Calcutta High Court

Firoja Bibi vs The State Of West Bengal And Ors on 6 March, 2026

OD-4

                                 ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE

                                  WPO/92/2026

                               FIROJA BIBI
                                   VS
                    THE STATE OF WEST BENGAL AND ORS

   BEFORE:
  The Hon'ble JUSTICE SMITA DAS DE
  Date: March 6, 2026.
                                                                              Appearance:
                                                          Mr. Asis Bhattacharyya, Adv.
                                                                Mr. Biswajit Mitra, Adv.
                                                                     ... for the petitioner

                                                               Mr. Amal Sen, Ld. A.A.G
                                                               Ms. Debdooti Dutta, Adv.
                                                                        ...for the State


       The Court:- The petitioner in the instant case applied for grant of license

against vacancy of a Fair Price Shop (Ration Shop)              being vacancy Id:

202400218501 Memo No. 276/S.C.F & S/TFG/2024 dated 17.12.2024. In

terms of order dated 2nd August, 2024 a Co-ordinate Bench of this Court in

WPO/677/2024 has held which is produced below:

             "It is directed to the authority concerned that the concerned State
       authority shall take positive and appropriate steps so that a new Fair Price
       Shop may be established in the cited location at Madhya Dhadial under
       Nakkatigach G.P, P.S. Tufanganj, Dist. Cooch Behar as early as possible,
       more preferably within eight weeks by declaring a new vacancy as per
       law. In doing so, the authority concerned must consider the application of
       the present petitioner if she applied for the vacancy. If it appears to the
       authority concerned that the application of the petitioner is quite
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          maintainable according to the law, for creation of a new shop, she may be
          allowed to participate in the proceedings for the new vacancy. This order
          shall not create any weightage in favour of the petitioner.
                 With the above observations, the present writ petition is disposed
          of."


          The petitioner submits that in terms of earlier order dated 02. 08.2024

vacancy notice has already been advertised and subsequent thereto several

inspections were held but till date the result of such appointment remains

awaited and the application of the writ petitioner remains pending which is the

subject matter of challenge in the instant writ petition.

          Mr. Amal Sen, Ld. A.A.G seeks time to file a report by way of an affidavit

to bring on record with regard to the status of the issues involved herein.

          In view of the above, I direct the State/respondent to file a report in the

form of affidavit within three weeks; exception, if any, within a week thereafter.

List this matter on 10th April, 2026.

(SMITA DAS DE, J.)

S.Mandi