Calcutta High Court
WPA/19366/2026 of MORSALIN KHAN Vs STATE OF WEST BENGAL AND ORS. on 5 October 2026
Court No. 10 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 19366 of 2026 Morsalin Khan -versus The State of West Bengal & Ors. Mr. Ramesh Dhara. Mr. Gourav Banerjee. …For the Petitioner. Mr. Debasish Chaudhuri. Ld. Sr. Adv. Mr. Nikunk
05.10.2026
Court No. 10
AGM
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. 19366 of 2026
Morsalin Khan
-versus
The State of West Bengal & Ors.
Mr. Ramesh Dhara.
Mr. Gourav Banerjee.
…For the Petitioner.
Mr. Debasish Chaudhuri. Ld. Sr. Adv.
Mr. Nikunk Berlia, Ld. A.G.P.
… For the State.
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1. Mr. Nikunj Berlia, learned A.G.P. along with Mr. Debasish Chowdhury, learned senior advocate are engaged in this matter on behalf of the State. Their appearances be accordingly regularized from the office of the Government Pleader.
2. The petitioner was declared as the most suitable candidate for FPS dealership pursuant to vacancy Notification dated 27.5.2025 under the WBTBDC Control Order, 2024. Despite approval of candidature, licence was not issued.
3. The state clarified that an objection arose due to confusion regarding the 2013 Control Order and matters pertaining thereto were adjourned sine die by the Division Bench of this Hon’ble Court.
4. Since present vacancy is under 2024 Order, the State has no objection to the grant of licence upon compliance of all statutory formalities.
5. In view of the fair stand taken by the State and considering the present vacancy is governed by WBTBDC Control Order, 2024, this Court directs respondent no. 5 to grant FPS licence in favour of the petitioner after due statutory compliance peremptorily
within a period of 12 weeks from the date of communication of this order.
6. The writ petition stands disposed of without going into the merits of the case.
7. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Smita Das De, J.)