JUDGMENT :

Jay Sengupta, J.

1. This is an application under Article 226 of the Constitution of India praying for quashing of the Memo Bearing Number 816/1(4)/FA/IJ/MR-40/2009 dated 10.11.2009 issued by the Director, DDP & S, F & S Department, West Bengal.

2. Learned counsel for the petitioner submits as follows. The petitioner’s father and uncle, jointly as partners, had been granted M.R. Distributorship license under the name and style of M/S. G.C. Kundu & D.N. Kundu. On 30.09.1991, after death of the petitioner’s father and uncle, the petitioner and his cousin brother namely, Pradipta Kundu had jointly been granted M.R. Distributorship license on compassionate ground under the same name and style. In 1999, due to medical ground, the petitioner temporarily retired from the said distributorship business and his cousin brother namely, Pradipta Kundu was granted distributorship license as sole proprietor under the same name and style of M/S. G.C. Kundu & D.N. Kundu. On 06.03.2004 Pradipta Kundu, who was bachelor, died only at the age of 38 years. On 14.05.2005, the brother of late Pradipta Kundu namely, Prasun Kundu on his behalf and on behalf of his sister Smt. Meghna Kundu being the o