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2024 Supreme(Cal) 482

CHITTA RANJAN DASH, PARTHA SARATHI SEN
Sokhina Bibi – Appellant
Versus
Sahidur Rahaman @ Sahidur Islam – Respondent


Advocates Appeared:
For the Appellant : Mr. Kalyan Bandopadhyay, Sr. Adv., Mr. Ram Anand Agarwala, Adv., Ms. Nibedita Pal, Adv., Mr. Ananda Gopal Mukherjee, Adv., Ms. Sonam Ray, Adv.
For the Respondents: Mr. Timir Baran Saha, Adv., Mr. Syed Nazmul Hossain, Adv., Mr. Musarraf Alam, Adv., Mr. Syed Ali Afzal, Adv., Ms. Susmita Gorai, Adv., Ms. Afrin Nihar Mondal, Adv., Mr. Suman Sengupta, Adv., Mr. Sambuddha Dutta, Adv.

JUDGMENT :

Chitta Ranjan Dash, J.

1. The private respondent before Hon’ble Single Bench has impugned the Judgement dated 04.05.2022 passed in WPA 21347 of 2021. The petitioner therein is the respondent no.1 in the present appeal.

2. Facts relevant for disposal of this appeal are as follows:

    (i) Ajinur Bewa was issued with M.R. dealership license relating to kerosene and other controlled products on compassionate ground on death of her husband.

(ii) Said Ajinur Bewa died on 20.10.2017 leaving behind 8 (eight) legal heirs i.e. 4 (four) sons and 4 (four) daughters. Late Isab Nabi (died on 31.05.2020) was the husband of present appellant. Present respondent no.1, Sahidur Rahaman @ Sahidur Islam is one of the brothers of Late Isab Nabi. Except these two persons other 6 (six) legal heirs are non-parties to the litigation.

(iii) On death of Ajinur Bewa, Isab Nabi (late husband of the present appellant) filed an application in accordance with the provisions contained in the West Bengal Public Distribution System (Maintenance and Control) Order 2013 (‘2013 Control Order’ for short). While the said application was under process, Isab Nabi died leaving behind the present appellant, two minor so

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