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2022 Supreme(Cal) 737

HIRANMAY BHATTACHARYYA
Basudeb Mondal – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Arup Banerjee, for the Appellant; Mr. Ranjit Kumar Jaiswal, Mr. Pradip Mukherjee, Mr. Benazir Ahmed, for the Respondent.

JUDGMENT

Hiranmay Bhattacharyya, J. - The son of the original M.R. Dealer, since deceased, filed this writ petition praying for issuance of a writ of mandamus to set aside the order dated November 5, 2008 passed by the District Controller, Food and Supply, Burdwan and to allot the M.R. dealership in favour of the petitioner.

2. The father of the petitioner namely Lakshmi Kanta Mondal was appointed as a M.R. Dealer. He died on April 18, 2007. After his death the petitioner applied for being appointed as a M.R. Dealer on compassionate ground. Since the authority was sitting tight over the matter, petitioner filed a writ petition being WP No. 4326(W) of 2018 which was disposed of by an order dated July 16, 2018 by directing the concerned authority to take a decision on the petitioner's application on being satisfied of the petitioner having adequate infrastructure for conducting the business of a dealer and other conditions stipulated for such compassionate engagement being fulfilled, the authority shall consider granting the petitioner license for such dealership.

3. Pursuant to the said order passed in the writ petition, District Controller, being the respondent no. 2 herein passed an

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