Facts
The petitioner challenged an order dated 25 June 2026 by the Sub-Divisional Controller and Ex-Officio Assistant Director, Food and Supply, which rejected his objections to the selection of the private respondent for an FPS dealership.
Source reference: pp. 1–3The authority had conducted a physical enquiry and upheld the selection, finding that the objections were not substantiated.
Source reference: pp. 1–3The petitioner contended that the order did not properly address the specific objections in his representation, including those concerning the proposed godown, access road, waterlogging, address documents, and lease deed.
Source reference: pp. 4–6The private respondent submitted that an offer letter had already been issued.
Source reference: p. 3The judgment refers to the representation as dated 12 March 2026 in one place and 12 February 2026 in another.
Source reference: pp. 6–7Issues
1. Whether the order dated 25 June 2026 was liable to be quashed for failing to record reasoned findings on the specific objections raised in the petitioner’s representation
Source reference: pp. 4–62. Whether the petitioner’s representation required fresh consideration through an independent enquiry and a hearing for both parties
Source reference: pp. 6–7Law Applied
No specific statutory provision or precedent is identified as the basis of the Court’s decision
Source reference: no citationThe Court applied the principles that an administrative authority deciding a party’s objections must address the material issues raised and give reasons for its decision, and that reconsideration should be conducted independently and after affording the affected parties an opportunity to be heard
Source reference: pp. 6–7Reasoning
Although the authority had conducted a physical enquiry, the Court found that its order did not record findings addressing the specific grievances set out in paragraph 10 of the petitioner’s representation.
Source reference: pp. 3–6The enquiry’s general conclusions were therefore insufficient to demonstrate reasoned consideration of those objections.
Source reference: pp. 3–6The Court did not determine the merits of the competing eligibility claims; instead, it held that the deficiencies in the order warranted fresh consideration by the competent authority.
Source reference: pp. 6–7Holding
The Court quashed and set aside the order dated 25 June 2026.
It directed respondent no. 2 to reconsider the petitioner’s representation, conduct an independent enquiry, share the Google location and map, hear both parties, and issue a reasoned order without being influenced by the Court’s observations.
Source reference: pp. 6–7The order directs that the decision be made within six weeks from communication of the judgment and communicated thereafter; it also directs the concerned authority to maintain status quo pending the decision.
Source reference: p. 7The writ petition was disposed of without adjudicating the merits and without an order as to costs.
Source reference: p. 7Original Court PDF
TAPAS KUMAR MANNAvsSTATE OF WEST BENGAL AND ORS.
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
