JUDGMENT

Partha Sarathi Sen, J. - In this writ petition under Article 226 of the Constitution of India the writ petitioner is aggrieved by the decision of the District Controller (F & S) and Ex-Officio Director, Paschim Medinipur, who issued a licence dated 12.04.2012, in favour of the private respondent no.6 to act as a distributor under the provisions of West Bengal Public Distribution System (Maintenance and Control) Order, 2003 hereinafter referred to as the 'Control Order of 2003'. By the impugned licence no. 36/WB/PDS/MID(S) dated 12.04.2012, the aforementioned authority has permitted the private respondent no.6 which is a partnership firm to include one outsider namely; Dinesh Kumar Agarwala in place of deceased Jagadish Prasad Sharma. In this writ petition, it has been alleged by the writ petitioner that since a vacancy arose on account of the death of one of the original partners of the private respondent no.6 firm, such vacancy has to be filled up from the legal heirs of the said deceased partner on compassionate ground, failing which the State/respondents are duty bound to declare a new vacancy under the provisions of the Control Order, 2003. At the time of hearing of the