08-01-2026

ct no. 10

Sl. 30

RP

WPA 26302 of 2023

Habibur Rahaman

-Versus-

State of West Bengal & Ors.

Mr. Sabyasachi Mukhopadhyay,

Mr.Sarbajit Chowdhuri

…for the Petitioner

Mr. Amal Sen, Sr.Ld.GP,

Mr. Rajat Dutta,

Mr.Parikshit Goswami

…for the State Respondents

1. The petitioner in the instant case is the son of

a deceased license holder of a ration shop being no. 41. The deceased owner of the ration shop being the father of the petitioner inducted 3 partners along with himself formed a partnership firm by executing a registered partnership deed for smooth running and the operation of the business of the Fair Price

Ration Shop in a seamless manner.

2. Subsequently, the father of the petitioner being

the original owner expired in the year 2009. The petitioner made a representation before the authority concerned for inducting the wife of the deceased owner of the MR dealer shop on compassionate ground for granting the license in favour of her but the said

application remained pending for consideration. Thereafter the wife of the deceased owner also died in the year 2021.

3. The petitioner submits that after the demise of the deceased owner the other partners who were inducted by his father, mischievously registered the license in the name of the partnership firm as “T.K. Mazumder and Partners” behind his back.

4. A further representation was made on 26th June, 2023 after the demise of his mother for issuing the license in favour of the petitioner as a legal heir of the deceased licensee on compassionate ground under the provision of Para 19 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 but the same remained pending for the consideration. Such non-consideration of the representation dated 26^th June 2023 is the subject matter of challenge before this writ petition.

5. The learned Counsel appearing for the State draws the attention of this Court by relying upon paragraph 11 at page 5 of the report filed in form or affidavit affirmed on 19^th January, 2024 and also an order dated 16.05.2003 beingR-6 at page 20. The order of the respondent no. 3 is reproduced below:-

“The prayer of A.B.Miaha and T.K. Majumder for inclusion of two new partners in their M.R. business is considered and the New partnership consisting of four partners namely (1) Abdul Bacher Miaha, S/o. Late Abdul Sarkar. (2) Sri Tarun Kumar Mazumdar , S/o Late Gobinda Narayan Mazumdar (3) Habibu Rahaman S/O Abdul Bachir Miaha (4) Sm Sathi Majumdar M/o Sri T.K. Majumdar is hereby appointed as on MR dealer at the vill Rahumath Bari . P.O. Kaldighi P.S. Gangarampour. The name and style of this partnership will be M/s. T,K, Majumdar and partners and it will function at the same address where A.B. Miaha and T.K. Mazumdar M.R 41 now serve their M.R business name and address of the M.R. godown.

Mouza Rahunath Bati JL No. 97 P.L No. 33 Kh. No. 94. Vill Raghunath Bati P.O P.O. Kaldighi P.S. Gangarampour.Dist. Din Boudary---

East G.P.Road West –Vacant Land of T.K.Mazumder. North –

G.P.Road South- G.P.Road.

M/s. T.K. Mazumdar and partners has executed necessary and the same has been accepted by the undersigned.

M/s. T.K. Mazumdar and partners will apply to the undersigned prescribed form with required N.J. Stamper T. R. Challan as the court may be and obtain fresh licensee.

The residual stocks of M.R and other essential commodities with A.B. Miaha and T.K. Mazumdar will be lifted by R.K. Mazumder others on prepayment of prices to A.B. Miaha and T.K.

Mazumdar in presence of the inspectors (F&S) Gangarampur.

The inspector (F&S) Gangarampur will take all necessary measure tagging of IRCS o the area served by A.B. Miaha and T.K. Mazumdar no. 41 to the newly appointed M.R dealer T.K. Mazumdar and partner authentication of all records and registers will be done by the inspector (F & S). Henceforth allotment/distribuntion of M.R and essential commodities will be done from the MR shop of this M.R dealer “T.K. Mazumdar &

Partners”.

6. The petitioner submits that a partnership deed was