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BIBEK CHAUDHURI
Bamacharan Singha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibek Chaudhuri, J.
1. One Rathindra Nath Singha was a licensee of fair price shop of village Banagram within Jalandi Gram Panchayat in the district of Birbhum. During his lifetime on 8th March, 2011 he made an application stating, inter alia, that he is unmarried and living with the family of his brother Bamacharan Singha. It is also stated in the said application addressed to the Sub-Divisional Controller, Food & Supplies (Bolpur, Birbhum) that as a result of various ailments he became incapacitated to run the said fair price shop and requested the authority to change/transfer the licence of F.P.S. in the name of his brother Bamacharan. Subsequently, on 17th June, 2011 the said licensee had expired. On 29th August, 2011 the present petitioner filed an application in appropriate form for granting licence of F.P.S. which stood in the name of his unmarried elder brother in favour of him. The said application was filed along with an affidavit of one Krishna Singh being the sister of Rathindra Nath, since deceased and Bamacharan. The concerned authority who has been arraigned as respondent No.5 failed to dispose of the said application filed by the petitioner till 27th Novemb
The right of eligible family members to seek engagement on compassionate grounds accrues only upon the death of the licensee, and the vacancy for the license arises at that point.
A grandson, though not specifically included in the definition of "family member" under Clause 2(m) of the WBPDS Control Order, 2013, can be considered as a "family member" for the purpose of compass....
The main legal point established in the judgment is that the definition of 'family members' in the Control Order, 2013 should be inclusive of the dependents of bachelors/spinsters, especially sibling....
The judgment established the mandatory nature of the provisions in Clause 20 (vi) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, and emphasized the need for stri....
The main legal point established is that when a licensee recommends another person due to incapacitation, a no-objection certificate from the spouse is not necessary, and challenging administrative a....
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