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2023 Supreme(Online)(CAL) 4942

CALCUTTA HIGH COURT
Jay Sengupta, J
Rahima Bibi – Appellant
Versus
The State of West Bengal & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Amales Roy, Ms. Mousumi Bhowal, Mr. Aman Gupta, Mr. Ishan Bhattacharya
For the Respondents: Mr. Amitesh Banerjee, Mr. Suddhadev Adak

04.09.2023 Jay Sengupta, J.:

1.This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to set aside and cancel the impugned order being Memo No. 666/FMR/13L-26/2014 dated 28.02.2018 and the impugned Memo No. 470/SCF & S/MTB/18 dated 2 31.08.2018 and to appoint the petitioner as M.R. dealer and S.K. oil dealer on compassionate ground in place of the late Minarul Islam.

2.Learned counsel appearing on behalf of the petitioner submitted as follows. In the present writ petition, the petitioner challenged the validity of the impugned order dated 28.02.2018, issued by the respondent no. 2 and the order dated 01.08.2018, issued by the respondent no. 5 in which the petitioner’s application for appointment as dealer on compassionate ground was rejected on the ground that she applied after a long gap of more than 2 years from the death of ex-dealer, the petitioner’s son. On 12.10.2013 Minarul Islam, the existing dealer and the son of the petitioner, who was a bachelor, died intestate. On 06.12.2013 Rahima Bibi, the petitioner being the mother applied before the Sub-Divisional Control, Food & Supplies, Mathabhanga for appoin

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