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2023 Supreme(Cal) 790

BIBEK CHAUDHURI
Md. Arob – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Nibedita Pal, Adv.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. This instant writ petition is filed by one Md. Arob, the grandson of one deceased Murteza Bibi, who was the owner of a Fair Price Shop dealership, praying for a declaration, considering him as entitled to be recognized within the definition of “family member” under West Bengal Public Distribution System (Maintenance and Control) Order, 2013 and subsequently, issue a writ of Mandamus commanding the respondent authorities and each of them to grant M.R. Dealership licence on compassionate ground in favour of the petitioner.

2. Murteza Bibi was running a fair price shop dealership at Block -Rampurhat-II, Village Shilgram, P.O. Chandpara, P.S. Margram, Birbhum, Pin -731241 by virtue of a licence issued under the West Bengal Public Distribution System (Maintenance and Control) Order,2013 (hereinafter referred to as the "2013 Order"). Murteza Bibi had four daughters and one son and all four daughters were married and were residing at their respective matrimonial homes whereas the son was living with his wife and children along with his mother in the same house and the said fair price shop was the only source of livelihood for the whole family. The said son,

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