I.P. Mukerji, J. - (1.) Dealership of a fair price shop is granted under the West Bengal Public Distribution System (Maintenance & Control) Order, 2003. One Pranab Kumar Das was proposed to be appointed as such fair price dealer in Ratanpur village in West Bengal. The writ petitioner challenged such proposed appointment by instituting a writ application in this Court being W.P. No. 26648(W) of 2008, Md. Amiruddin Sk. v/s. The State of West Bengal and Ors. It was alleged in the writ petition that the proposed appointee had some disqualification. That writ application was taken up for final hearing before Aniruddha Bose, J. on 19th November 2008. He disposed it of by directing the District Controller (Food and Supplies), District of Murshidabad to consider the case of the writ petitioner upon hearing the parties. That order was received by the said District Controller on 22nd December 2008. By a notice dated 1st January 2009 he asked the writ petitioner to appear in his chamber on 14th January 2009 at 12 noon along with documents. On 15th January 2009 the writ petitioner wrote a letter to this District Controller. It is very hard to decipher the contents of that letter or to understand them. It appears that he wanted a copy of a 'statement' and had some objection to an alleged opinion of Khadya O. Sarbaraha Sthayee Samity having been considered by the District Controller. This District Controller passed an order on 2nd March 2009 which is under challenge in this writ application.
(2.) Despite directions for affidavits no affidavit has been filed by the State. But at the time of hearing of this application Mr. Arabinda Chatterjee, represented the State and tried to uphold the decision of the District Controller. The main submission of Mr. Arabinda Chatterjee for the State is that the life of the said selection process is over and that since such life is over the writ petitioner has to compete with all other contenders for the ration shop. He says that there is no infirmity in the order. The District Controller had cancelled the whole selection process and requested the director of D.C.F. & S to give approval of fresh vacancy for a fair price shop owner in that particular village.
(3.) Learned Counsel for the petitioner has placed all the facts. He has challenged the decision of the District Controller on various grounds which will appear in my discussion below. Discussion and Conclusions:;