29.04.2025 DL-18 Ali ct. no.24 WPA 5026 of 2025 Sri Sudip Mondal Vs.

The State of West Bengal & Ors.

Mr. Partha Pratim Roy, Mr. Anirban Das, Ms. Poulami Chakraborty ….for the petitioner.

Mr. Prasenjit Debnath, Mr. Amritansu Sengupta …… for the private respondent No. 5. Mr. Suman Sengupta, Sr. Govt. Adv.

Mrs. Amrita Panja Moulick …..for the State.

Affidavit-of-Service filed on behalf of the petitioner is taken on record.

One Bhadreswar Mondal, since deceased, was a proprietor of Fair Price Shop being FPS No. 133800700024. Bhadreswar Mondal expired on 1^st of October, 2022.

It is the contentions of the petitioner that Bhadreswar Mondal had two wife, namely, Sabita Mandal (1^st wife) and Chhya Mandal (2^nd wife). Through 1^st wife Bhadreswar Mondal has three legal heirs, namely, Shyamali Khetrapal (daughter), Shyamal Mondal (son) and Pampa Malik (daughter); through 2^nd wife he has only one son, namely, Sudip Mandal (petitioner).

It is the contentions of the petitioner that after demise of his father the licence of FPS was granted to Sabita Mandal being the eldest member of the family. It is the further case of the petitioner that Sabita Mandal expired on 29^th of October, 2023. After his demise, t