JUDGMENT :

BIBEK CHAUDHURI, J.

1. Father of the petitioner namely Mohanlal Mahato, since deceased during his life time was appointed as a MR dealer and was issued licence under the West Bengal Public Distribution System (Maintenance and Control) order, 2013. He was also a kerosene dealer under the provisions of the West Bengal Kerosene Control Order, 1968. The said Mohanlal Mahato died leaving behind the petitioner and his two brothers being the sons and one daughter as his legal heirs successors. During his life time Mohanlal Mahato used to reside in joint mess with his three sons namely Ashutosh, Santosh and Basudeb. After the death of Mohanlal Mahato the petitioner submitted an application for issuance of FPS licence on compassionate ground in place of his deceased father who was a FPS dealer of village Pardih under Jhalda-1 Block. By an order dated 21st January, 2022 the petitioner was directed to submit “No objection” form issued by other family members of the deceased dealer in the form of affidavit as per legal heirs certificate duly sworn before the First Class Magistrate (2) No objection from other legal heirs of the proposed shop cum godown in the form of affidavit before the First Class Magistrate (3) Medical fitness certificate in the name of the applicant issued by the registered government Medical Practitioner and (4) declaration in respect of GO No.1706-FS and 1707-FS dated 21st July, 2014 in the form of affidavit sworn before the First Class Magistrate.

2. Further case of the petitioner is that the elder brother of the petitioner namely Ashutosh Mahato also made an application for issuance of FPS dealership in his name on the death of his father. Ashutosh Mahato was also directed by the Sub-Divisional Controller, Food and Supplies, Jhalda to submit the documents as claimed from the present petitioner for consideration of his prayer.

3. Further case of the petitioner is that his elder brother Ashutosh Mahato filed a Writ Petition being WPA 2291 of 2022 alleging, inter alia, that the Sub-Divisional Controller, Food and Supply, Jhalda by the letter dated 28th January, 2022 directed the petitioner to submit required documents within seven days from the date of issuance of the letter failing which the authority will take steps for declaring the vacancy. The petitioner made a communication with the Sub-Divisional Controller on 31st January, 2022 requesting him to extend the time for filing the documents but the representation was not considered. The said writ petition was disposed of by a Coordinate Bench directing the Sub-Divisional Controller, Food and Supplies to take steps for consideration of the representation filed by the petitioner on 31st January, 2022 strictly in accordance with law within a period of eight weeks from the date of communication of a copy of this order.

4. The rival claims of the petitioner and the respondent No.6 were duly considered by Sub-Divisional Controller, Food and Supplies and the representation submitted by them were rejected as they failed to submit requisite documents communicating no objection of the other legal heirs.

5. This led the present petitioner to file WPA 8188 of 2022 before a Coordinate Bench which was disposed of on 24th November, 2022 directing the respondent No.5 to conduct an inquiry to the effect as to whether the petitioner being the dependent son of deceased MR dealer is required to file any no objection from respondent No.6 or whether the respondent No.6 was also a dependant of the said MR dealer at the relevant point of time.

6. In compliance of the above order Sub-Divisional Controller, Food and Supply, Jhalda conducted an inquiry and submitted a report on 22nd December, 2022. It was held by him that as per the statement of the family members of late Mohan Lal Mahato physical verification and conversation with some villagers at the end of the inquiry it is established that whole family of late Mohanlal including his sons namely Ashutosh Mahato and Santosh Mahato wer