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BIBEK CHAUDHURI
Bidyut Kumar Das – Appellant
Versus
Secretary, Department of Food and Supplies – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.) :
1. One Pran Kishore Das since deceased was a MR dealer at Artialiguri, Cooch Behar. The said Pran Kishore Das died sometime in 2003. Before his death Pran Kishore Das made an application before the Sub-Divisional Controller, Food and Supplies, Cooch Behar stating, inter alia, that due to physical incapacitation he was not in a position to run the fair price shop and he nominated his elder son Rakhal Chandra Das to act as MR dealer in respect of the said fair price shop on the ground of his physical incapacitation. Subsequently, by an order dated 28th November, 2003 Rakhal Chandra Das, respondent No.7 herein was appointed as MR dealer for Artialiguri under Cooch Behar Gram Panchyat under the provision of the West Bengal Kerosene and Control Order, 1968.
2. The petitioner is the grand-son of the said Pran Kishore Das. It is the case of the petitioner that Pran Kishore Das died leaving behind two sons, two daughters and a widow. None of them, except Rakhal Chandra Das knew about the transfer of MR dealership in favour of respondent No.7 herein.
3. That on 4th May, 2023 the petitioner received information of his application dated 30th April, 2023
The main legal point established is that when a licensee recommends another person due to incapacitation, a no-objection certificate from the spouse is not necessary, and challenging administrative a....
The central legal point established in the judgment is the requirement for the petitioner to establish entitlement to the license for the Fair Price Shop and kerosene dealership, which he failed to d....
The right of eligible family members to seek engagement on compassionate grounds accrues only upon the death of the licensee, and the vacancy for the license arises at that point.
The court established that proper assessment of dependency and employment status is crucial in determining eligibility for compassionate appointments under the relevant regulations.
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