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2014 Supreme(Cal) 73

SOUMITRA PAL
Samar Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Debabrata Saha Roy, Pingal Bhattacharya, Advocates.
For the Respondents:Sushovan Sengupta, R6 & R7, Tapan Chakraborti, Md. Abdul Alim, Advocates.

JUDGMENT

1. Let affidavit of service filed today be kept on record.

2. In the writ petition the petitioner has prayed for a direction upon the authorities of the Food and Supplies Department, Government of West Bengal to issue appointment letter and to grant Fair Price Shop Licence in his favour on compassionate ground, since his father Biswanath Das, a licensee of the shop concerned, on 21st August, 2006, that is during his life time, had submitted an application before the Sub-Divisional Controller (F & S), Chinsurah, Hooghly, the respondent No.5 praying for transfer of the licence on the ground of incapacitation, and since subsequently on 13th August, 2013 the petitioner had furnished an application for such appointment Submission is as his father during his life time filed an application, in view of Paragraph 20(vi) of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013(for short “2013 Order”) which permits such transfer, appropriate order may be passed. On a query it is submitted that Amar Das, the elder brother of the petitioner had expired in the year 2001, that is during the lifetime of his father, the licensee.

3. Learned Advocate appearing on beh











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