JUDGMENT :

(Jay Sengupta, J.) :

1. This is an application under Article 226 of the Constitution of India, inter alia, praying for direction that the definition Clause 2(m) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, as amended vide notification date 14.12.2020, was ultra vires Articles 14, 19(1) (g) and 21 of the Constitution of India, to include nephew in the definition and to cancel and withdraw the order dated 03.08.2022 issued by the Director of Rationing, West Bengal.

2. Mr. Saha Roy, Learned counsel for the petitioner, submitted as follows. The father’s brother (uncle) of the petitioner namely, Rama Prasad Bhattacharjee, (since deceased) was a fair price shop dealer. The petitioner’s father died long back. Rama Prasad Bhattacharjee was a bachelor and had been residing with the family of the petitioner’s father (since deceased) and the entire joint family was fully dependent upon the income of the said dealership business. He died on 17.12.2020. After his death, there was no other source of income of the said joint family. Immediately after death of petitioner’s uncle, the petitioner made a representation on 21.12.2020, intimated the de