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2021 Supreme(Cal) 559

AMRITA SINHA
Durga Das – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Debabrata Saha Roy, Adv., Mr. Pingal Bhattacharyya, Adv., Mr. Subhankar Das, Adv., Mr. Neil Basu, Adv.
For the Respondent: Mr. Anirban Ray, Mr. Sushovan Sengupta, Adv., Mr. Subir Pal, Adv., Mr. Sayak Chakraborty, Adv.

JUDGMENT :

Amrita Sinha, J.

1. The order dated 5th July, 2021 issued by the Director of Rationing, West Bengal rejecting the prayer of the petitioner for engaging her as dealer on compassionate ground is under challenge in the instant writ petition.

2. The rejection was on the ground that the petitioner being the sister of the deceased dealer does not fall within the purview of the definition ‘family members’.

3. The brief facts of the case are as follow:

4. The father of the petitioner was a licensee in respect of a Fair Price Shop previously known as AR Shop. License was issued to her father in the year 1951. After the demise of her father the license was issued in favour of her mother, that is, in favour of the widow of the licensee in 1971. Due to the advanced age of her mother an application was made for transferring the license in favour of her brother, that is, the son of the licensee. License was issued in favour of the brother of the petitioner on 15th February, 2005 and since then the brother of the petitioner continued with the family business. The brother of the petitioner, that is, the licensee was a bachelor. He was a victim of Covid-19 and died on 1st October, 2020 leavin

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