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2024 Supreme(Cal) 989

SUBHENDU SAMANTA
Shib Shankar Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashok Kr. Banerjee, Adv., Mr. Samiran Mandal, Adv., Mr. Abhinaba Dan, Adv., Mr. Nitish Samanta Adv.
For the Respondents: Mr. Ram Anand Agarwal, Adv., Ms. Nibedita Pal, Adv., Mr. Ananda Gopal Mukherjee, Adv., Ms. Sonam Ray Adv., Ms. Tuli Sinha Adv., Mr. Tarapada Das Adv.

JUDGMENT :

(Subhendu Samanta, J.) :

1. One Satish Chadra Das was fare price shop dealer under Sub-division Khatra, Bankura. He expired on 18.03.2017 living behind one daughter and four sons. Present petitioner and respondent Nos. 7, 8 and 9 are the sons, respondent No. 10 is the daughter.

2. After the demise of Satish Chadra Das, both the petitioner and respondent No. 7 submitted separate applications before the authority for getting the license on compassionate ground. Their prayers were turned down by the concern authority and they separately approached this court in several writ petitions. Different directions were passed by this court in the writ petitions to hear out the parties and to pass a reason order. Both the petitioners and the respondent No. 7 were also aggrieved with the orders of Learned Single Judge, and preferred appeal before the Division Bench. Ultimately the Division Bench of this court has heard both the appeals filed by the petitioners and respondent No. 7 and directed the concern authority as follows:--

    9. From the facts narrated (Supra) it is clear that two brothers have filed applications for appointment as Fair Price Shop dealer on compassionate ground. Appo

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