IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

Appellate Side

Present: - Hon’ble Mr. Justice Subhendu Samanta.

IN THE MATTER OF

WPA 4740 of 2023

With

WPA 30876 of 2024

Md. Abdul Wahab

Vs.

The State of West Bengal & Ors

With

WPA 3605 of 2025

Abdur Rouf

Vs.

State of West Bengal

For the Petitioner

in WPA 4740/2023 &

WPA 30876/2024 : Mr. Raghunath Chakraborty, Adv.,

Mr. Sabnam Sultana, Adv.

Ms. Mohana Das Adv.

For the petitioner

in WPA 3605 of 2025 : Mr. Milan Chandra Bhatacharjee, Adv.,

Ms. Sulagna Bhattacharjee Adv.

For the State in

WPA 30876 of 2024 : Mr. Swapan Banerjee, AGP.

Mr. Dipanjan Datta, Adv.,

Mr. Sayan Datta Adv.

For the respondent

in WPA 3605 of 2025 : Mr. Raghunath Chakraborty, Adv.,

Mr. Sabnam Sultana, Adv.

Ms. Mohana Das Adv.

For the State in

WPA 3605 of 2025 : Ms. Mitali Mukherjee, Adv.,

Mr. Dhananjoy Banerjee Adv.,

For the added respondent

In WPA 3605 of 2025 : Ms. Amrita De. Adv.

Reserved on : 20.05.2025 Judgment on : 28.08.2025

Subhendu Samanta, J.

1. All these three writ petitions having identical issue of appointment of FPS dealer on compassionate ground.

2. The chequered history of these matters relates to FPS license and Kerosene Oil License of one Md. Bilayet Ali of village- Choto Sujapur, PS- Kaliyaganj, District- Malda. Dealer Md. Bilayet Ali expired on 25th March, 2013, living behind his wife, Minu Bewa, two sons namely Abdur Wahab and Abdul Rouf and three daughters.

3. After the death of Md. Bilayet Ali, his wife Minu Bewa submitted an application for appointment of FPS and Kerosene Oil Dealer on compassionate ground on 27th May 2013, the same was rejected by concerned SCF&S, Malda and requested her to submit fresh application duly signed along with all required documents in proper Form-C as per WBPDS (M&C) Order 2013. Accordingly, Minu Bewa submitted second application on 13th February 2014, it was not considered by the authority and being aggrieved, she filed a writ petition being WP No. 13202 (W) 2014 the said writ petition was disposed of by a Co-ordinate Bench of this court by 10th January 2014 thereby directed the authority concerned to take immediate steps for granting license in favour of Minu Bewa. Abdur Rouf, one of the sons of Md. Bilayet Ali (deceased) preferred appeal against the said order, Division Bench disposed of the said appeal vide Order dated 9th July 2014 directed the concerned authority as follows :-

“Needless to mention that the respondent Sub Divisional Controller (Food & Supplies), Malda will consider the claims appellant-petitioner herein as of the well as the respondent No. 1/writ petitioner for grant of M.R. Dealership and Kerosene Oil licence in question on compassionate ground strictly in accordance with law and specially taking note of the relevant provisions of the control order which are applicable in this regard”.

4. In compliance with the direction of the Hon’ble Division Bench SCF&S Malda after hearing both Minu Bewa, Abdur Rouf passed the order on 25.08.2014 as follows:-

“In compliance of Order of Hon'ble Justice Soumitra Paul in W.P. No. 13202 (W) of 2014 (Minu Bewa Vs. The State of West Bengal & Ors.) and of Justice Pranab Kr. Chattopadhya and Hon'ble Justice Samapti Chatterjee in AST 287 of 2014 with. ASTA 221 of 2014 with ASTA

220 of 2014 (Abdur Rouf Vs. Minu Bewa).

Being the respondent no. 6 gave an opportunity of hearing to Abdur Rouf, S/o. Late Bilayet Ali appellant and Minu Bewa, W/o. Late Md. Bilayet Ali and respondent (AST No. 287 of 2014) in support of their claim regarding licence of M.R. Dealer and S.K. Oil Dealer in place of late Md. Bilayet Ali on compassionate ground on 05.08.2014, where both were present.

As the Minu Bewa has already submitted application for M.R. Licence and S.K. Oil Dealer licence on 03.02.2014 with necessary document in support of claim and required enquiry regarding eligibility has been done by ACI, recommending her name.

However Abdur Rouf one of the son of late Md. Bilayet Ali has also made appeal for M.R. Dealer licence and S.K. Oil licence in his favou