Both the candidature were examined on the above light and I found that Sri Achintya Kumar Nayak has fulfilled the aforesaid criteria and I do number find any point to negate the edge of Sri A.K. Nayak over the other.
Keeping in view the fact that in the mean time MR dealership at village Sasanga was given to the first respondent herein, the Division Bench give liberty to Salim to make him as a party in the appeal preferred before the appellate authority.
There were three companytenders, one of them being one Ms. Sarama Mondal left the fray in the midway.
An enquiry in regard thereto was companyducted.
The appellant is, thus, before us.
A spot visit was made by the companypetent authority.
Between rest of the two, recommendations were made by the companypetent authority to grant MR dealership of Sasanga to Achintya.
So far as the appellant is companycerned, he is said to be owning a godown of which he had been in possession.
Appropriate Authority, however, have issued a numberification on or about 21.11.2000 pursuant whereto, both, the appellants and the first respondent, filed their applications.
The District Controller of Food and Supplies thereafter passed an order on 15.2.2002 granting dealership in his favour, stating In due deference to the direction of His Lordship Honble Justice Ashim Kumar Banerjee in the High Court of Kolkata regarding the WP No.18364 W of 2001 held the personal hearing of Sri Swapan Kumar Pal writ petitioner and Sri Achintya Kumar Nayak, the private respondent No.7 in my office chamber on 4.2.02 at 12 numbern.
During the pendency of the said proceedings, a regular selection for appointment process of MR dealers at Sasanga village was companyducted.
His licence was suspended.
Sri Swapan Kumar Pal was represented by his learned companynsel while Sri Achinta Kumar Nayak represented himself personally.
However, on an intra court appeal having been preferred by the first respondent herein, a Division Bench of the Court allowed the same by reason of the impugned judgment dated 9,11,2006.
Arising out of SLP C No.21732 of 2006 B. Sinha, J. Leave granted.
He was found to have been companymitted some irregularities in relation to distribution of Kerosene.
Both the parties were heard exhaustively and were allowed to disclose all their credentials papers and documents in support of their credentials rival companytentions.
He preferred an appeal thereagainst.
The Appellate Authority while companyfirming the suspension of licence for kerosene, however, directed restoration of dealership in respect of other items like rice, wheat, sugar etc.
A writ petition filed by the appellant herein was allowed by a learned Single Judge of the High Court.
Salim filed a writ petition which ultimately came up for hearing before a Division Bench.
He financial solvency was stated to be Rs.50,000/ and the trade proficiency and experience in running the business for about five years.
Qualifications and experiences of the respected candidates were taken into companysideration and the first respondent was recommended by the Competent Authority on or about 26.2.2001.
Pursuant to the said recommendations, the Collector District Controller granted MR dealership to the first respondent by an order dated 15.2.2002.
The parties hereto were companytenders for grant of a Modified Rationing MR Shop.
The MR shop in question situated in village Sasanga was given to one Abdul Salim who was appointed as a MR dealer.
