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2016 Supreme(Cal) 258

DEBASISH KAR GUPTA
Matadin – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Debabrata Saha Roy
For the State : Mr. S. Sengupta, Mr. S. Bandopadhyay

JUDGMENT :

Debasish Kar Gupta, J.

This is an application filed under Article 226 of the Constitution of India assailing an order passed by respondent no. 3 under memo no. 229/DR/SSLC dated November 14, 2014 (Annexure P-8 to this writ application) rejecting the prayer of the petitioner no. 1 for transfer of dealership in respect of the Fair Price Shop of the petitioner no. 1 bearing no. FPS-2832 (hereinafter referred to as the said fair price shop), running in the Sub-Area of Jorasanko of Kolkata North Sub-Control of the Food and Supply Department, Government of West Bengal in favour of the petitioner no. 2 (his nephew).

2. According to the petitioners, the petitioner no. 1 had been running his said fair price shop for a considerable period of time. The petitioner submitted an application dated August 19, 2011, to the respondent no. 3 for issuing the licence of his said fair price shop in the joint name incorporating the name of the petitioner no. 2 therein as a partner. The petitioner no. 2 was his nephew (the son of his elder brother). The petitioner no. 2 also submitted a representation on the same date, i.e. on August 19, 2011, with relevant papers and documents.

3. By an order comm


























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