Calcutta High Court

GA/1/2026 of THE STATE OF WEST BENGAL Vs ANISUR RAHAMAN on 28 September 2026

Cites 0, Cited by 0

ct no. 10 Sl. 7-9 AGM WPA 27401 of 2025 With WPO 133 of 2026 National Consumer Cooperative Store Ltd. -Versus- State of West Bengal and Ors. With WPA 25866 of 2025 West Bengal M.R. Distributors Association and Ors. Versus State of West Bengal and Ors With GA 1/2026 The State of West Bengal

28.9.2026

ct no. 10

Sl. 7-9

AGM

WPA 27401 of 2025

With

WPO 133 of 2026

National Consumer Cooperative Store Ltd.

-Versus-

State of West Bengal and Ors.

With

WPA 25866 of 2025

West Bengal M.R. Distributors Association and Ors.

Versus

State of West Bengal and Ors

With

GA 1/2026

The State of West Bengal

Versus

Anisur Rahaman

Mr. Arkadipta Sengupta.

Mr. Tirthajmar Dey.

Ms. Ria Naskar.

Ms. Ankita Ghosh.

… for the petitioner in WPA 27401 of 2025

Mr. Debabrata Saha Roy,Sr. Adv.,

Mr. Pingal Bhattacharyya,

Mr. Shubhankar Das,

…for the petitioners in WPA 25866 of 2025

Mr. Soumyo Majumdar.

Mr. Ramesh Dhara.

Mr. Gourav Banerjee.

…For the WPO 133 of 2026.

Mr. Surjaneel Das. Ld. A.G.P.

Mr. Nandagopal Khaitan.

Mr. Nikhil Jhunjhunwala.

Ms. Manasi Mukherjee.

Mr. Bijitesh Mukherjee.

… for the State.

Mr. Rajarshi Basu.

Ms. Somoshree Saha.

Ms. Munmun Tewary.

… for the applicant.

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1. Affidavit of Service filed in Court today be kept with the records.

2. GA No. 1 of 2026 arising out of and in connection with WPO No. 133 of 2026 is an interlocutory application taken out by one of the intending applicants seeking to intervene in the present instant writ proceeding by filing application for addition of party, since prior to order dated 20.03.2026 passed by this Court, the authority concerned has already issued offer letter for distributorship against Distributor Vacancy ID 202500213 of Haltu Sub Area under Kolkata South Sub Control (D13).

3. Vacancy notification dated 04.09.2025 in respect of Sub Area Haltu D13 has been challenged on the ground that the Writ petitioner has already been engaged as authorised distributor in specified sub area and is continuing business without objection and has acquired a vested right.

4. The Learned Counsel appearing for the petitioner vehemently opposes the locus standi of the applicant and prays for dismissal in limine.

5. After hearing the rival contentions and upon perusing the materials available on record, this Court finds that the applicant has made out a prima facie case warranting interference at this stage. This court has taken judicial notice of the offer letter issued by the authority concerned annexed at Page 19 as Annexure C of the interlocutory application.

6. Since offer letter has already been issued prior to Order dated 20.03.2026, to balance equity and for the interest of justice, this Court finds that unless application for addition of party is allowed, interest of the applicant shall be prejudiced and shall result in violation of principles of natural justice.

7. With the above observations GA No. 1 of 2026 is allowed and disposed of.

8. The applicant is added to the array of the parties to the writ proceedings. Registry is directed to take necessary steps to amend the cause title by impleading the applicant as respondent no.6 within four weeks from date.

9. The petitioner is directed to serve an amended copy thereof upon newly added respondent along with other respondents within two days after amendment.

10. Learned Counsel appearing for the petitioner seeks for an extension of the interim order dated 23.09.2026 which is due to expire on 30.09.2026. Such prayer for extension is considered and allowed and the interim order is further extended upto 31st January 2027 or until further order whichever is earlier.

11. The Learned Counsel appearing for the intending applicant vehemently opposes the contention of the writ petitioner and seeks leave to file an Affidavit in Opposition to the main Writ Petition being WPO 133 of 2026.

12. Let this matter be listed in the monthly list of January 2027 in the mean time the parties are directed to file and exchange their affidavits on or before the next date of hearing. WPA 27401 of 2025 With WPO 133 of 2026

National Consumer Cooperative Store Ltd. -Versus- State of West Bengal and Ors. With WPA 25866 of 2025 West Bengal M.R. Distributors Association and Ors. Versus State of West Bengal and Ors

13. The petitioner seeks for an extension of the interim order, which is due to expire on 30th September, 2026. Such prayer is considered and allowed.

14. Let the interim order be further extended up to 31st January, 2027 or until further order whichever is earlier.

15. Matter to appear in the Monthly List of January 2027.

(Smita Das De, J.)

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