JUDGMENT :

Jay Sengupta, J.

1. W.P.A. 25434 of 2022 is an application under Article 226 of the Constitution of India, inter alia, praying for a declaration that the definition clause 2 (m) of the West Bengal Public Distribution System (Maintenance and control) Order 2013, as amended vide notification dated 14.12.2020, was ultra vires Articles 14, 19 (1) (g) and 21 of the Constitution of India, to include nephew in this definition of clause 2 (m) of the said Control Order and to cancel and withdraw the memo bearing e-File No: DDDPS – 32013 (II)/298/2022-MBD SEC-DDPS issued by the Director, DDP & S and the memo bearing No: 1209/1(2)/FMR/13L-35/M PART dated 06.04.2022 issued by the Deputy director (License), Directorate of DDP & S. Whereas, W.P.A. 5352 of 2022 was filed earlier by the petitioner seeking appropriate reliefs. But, during pendency of it, the respondent authorities rejected the prayer of the petitioner vide memo dated 06.04.2022. The two applications were, therefore, taken up for hearing together. A decision in W.P.A. 25434 of 2022 would finally govern the earlier W.P.A. 5352 of 2022.

2. Learned counsel for the State submitted as follows. The father’s brother (uncle) of the petitioner Aloke Kumar Sinha, since deceased, was a fair price shop-cum-K. Oil Dealer. The petitioner’s father died long back. Aloke Kumar Sinha was altogether a bachelor and he had been residing with the family of petitioner’s father, since deceased, and the entire joint family was fully dependent upon the income of the said Dealership business and after death of Aloke Kumar Sinha there was no other source of income of the said joint family. Due to old age and had been suffering from various diseases, Late Aloke Kumar Sinha executed a Will on 24.04.2021, stating therein that after his death his F.P. Shop-cum-K. Oil Dealership license shall be borne by the petitioner. For last 6/7 years the petitioner had been running the said dealership business under the guidance and assistance of his ailing uncle, since deceased, as joint family business. The petitioner submitted application in the prescribed form, enclosing therewith all required documents and NOCs from other legal heirs of Late Aloke Kumar Sinha (all were nephew and nieces, since there was no other legal heirs) to get the dealership licenses on compassionate ground. On 27.10.2021, SDC (F&S), Kandhi after conducting enquiry through Inspectors, F & S, forwarded the file to the District Controller (F & S), Murshidabad with his recommendation. Since no further step was taken, petitioner filed WPA 5352 of 2021 on 24.03.2022. During pendency of the said writ petition, prayer of the writ petitioner was rejected by the Dy. Director (License), DDP & S on 06.04.2022 on the ground father’s brother did not come within the purview of the family member. The petitioner filed supplementary affidavit in WPA 5352 of 2022, enclosing rejection order dated 06.04.2022. Amrita Sinha, J passed interim order in WPA 5352 of 2022, restraining respondents from filling up the vacancy. The interim order has been extended time to time and the same still existed. 2013 Control Order had been amended on 14.12.2020. In Clause 2(d) (xa) (iii) brother’s son had been defined as ‘relative’, who were not entitled to make application for dealership. Brother’s son had not been included as ‘family member’ to get dealership license on compassionate ground. A married daughter was also not included in the definition of ‘family member’. Sekhar B. Saraf (J) by passing an order on 02.09.2021 in WP 449 of 2019 (Anjana Modak Versus State of West Bengal & Ors.), directed the State to included married daughter withing the definition of ‘family member’. Following such order, the State Government issued notification on 15.01.2020, including married daughters within the definition of ‘family member’. By delivering a judgment on 02.09.2021, Amrita Sinha, J directed the State to consider the cases of brother and sisters as ‘family member’ in the light