Tapen Sen, J - (1.) : In this Writ Petition, the Petitioners pray for an order Commanding upon the Respondents to withdraw the Memo dated 21.2.2011 being Memo No. 1040-FS issued by the Respondent No. 7 (Joint Secretary, Department of Food and Supplies, Govt. of West Bengal) (Annexure-P/17) whereby and whereunder he informed the Director, District, Distribution, Procurement and Supplies that as per the reasoned decision of the Principal Secretary-cum-Commissioner, Food, the Department of Food & Supplies, Govt. of West Bengal was approving the appointment of the Respondent No. 12 ( M/s. Mahestala Agro Foods Private Ltd.) as a regular MR Distributor at Pathar Pratima Block (Ram Ganga ) District- South 24-Pgs.
(2.) THE Petitioners have further prayed for the issuance of a writ of mandamus commanding upon the Respondents to cancel the said selection of the Respondent No. 12 and to appoint the Petitioners in their place after Quashing the said impugned Memo No. 1040-FS dated 21.2.2011 (Annexure-P/17). A Supplementary Affidavit has been filed by the Petitioners wherein they have stated that after filing of the Writ Petition, the Joint Secretary (Respondent No. 7) supplied a copy of an Order which was received by them on 17.2.2011 by which the objection filed by the Petitioners dated 1.12.2010 was rejected. According to the Petitioners, this Order is selfcontradictory, non-speaking and cryptic and in any event, the same cannot be sustained in view of the fact that the Commissioner of Food-cum-Principal Secretary came to an erroneous and unreasonable conclusion for purposes of selecting the Respondent No. 12. According to the Petitioners, a Notification dated 22.7.2010 was published vide Annexure-P/1 declaring a fresh vacancy for MR Distributorship at Ram Ganga. The Petitioner No. 1 being a partnership firm and having suitable and spacious godown in the centre of Ram Ganga with a huge parking space, which was being used as an MR Distributorship Godown for the last 14 years and having sound financial capability, experience and eligibility, duly applied in the prescribed form and within time enclosing therewith all necessary documents and papers.
(3.) ACCORDING to the further case of the Petitioners, 6 (six) other applicants including the Respondent No. 12 applied pursuant to the said publication of vacancy. Thereafter, enquiry etc. was conducted and an enquiry Report (Annexure-P/4) was prepared by the Sub-divisional Controller (F & S), Kakdwip. It is stated that during the course of enquiry, the Sub- Divisional Controller had the occasion to inspect two Godowns of the Petitioners being Godown Nos. 1 &2. The Petitioners have stated that Godown No. 1 was being used as an MR Distributorship Godown of Ramganga since the last 14 years. They have further stated that initially the said Godown was being used by one Nirmal Koyal an MR Distributor of Poler Hat, P.S. Kulpi but after his resignation/surrender, the said Godown No. 1 was being used as the MR Distributorship Godown of Bijoy Kumar Bhakat, Kakdwip since 2007 and this Godown was a proposed Godown of the Petitioner Nos. 1 and 2.;