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2021 Supreme(Cal) 520

SHEKHAR B. SARAF
Nimai Chand Parihari – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Debabrata Saha Roy, Adv., Mr. Pingal Bhattacharyya, Mr. Subhankar Das, Adv., Mr. Neil Basu, Adv.
For the Respondent: Mr. Susovan Sengupta, Adv.

JUDGMENT :

Shekhar B. Saraf, J.

1. This is a petition under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the decision of the State Respondents which rejected the transfer of FPS and kerosene oil licenses from the petitioner no. 1 to the petitioner 2 on compassionate grounds; the primary ground of rejection being that the degree of relationship of the petitioner no. 2 is not permissible under the definition of “family members” as stated in the notification dated March 7, 2017, issued under the West Bengal Public Distribution System (Maintenance and Control) Orders of 2013.

2. The facts of this case, in so far as they are material to this writ petition, is circumscribed within a narrow compass and is encapsulated as follows:

    a) Nimai Chand Parihari (hereinafter referred to as “petitioner no. 1”) is the father-in-law of Smt. Putulrani Ghosh Parihari (hereinafter referred to as “petitioner no. 2”). The petitioner no. 2 is the widow of the predeceased son of petitioner no. 1.

b) While FPS and kerosene oil dealership licenses were originally granted to the petitioner no. 1, due to ailments arising out of old age, the petitioner no. 1 furnished a relev

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