The writ petitions addressed dealership rights under the Control Order, reinforcing dependency definitions for family members affecting eligibility for compassionate appointments.

14.12.2023 PARTHA SARATHI SEN, J. : –

1. Both the writ petitions as filed under Article 226 of the Constitution of India are taken up together for judgement because of their identical nature of facts and circumstances, parties to the writ petitions are interrelated and involvment common questions of law.

2. For effective adjudication of the instant two writ petitions some admitted facts are required to be discussed which are as under:-

i. Originally one Jogendra Nath Ghosh, since deceased was a MR Dealer and kerosene dealer under English Bazar Block in District Malda.

ii. Jogendra Nath Ghosh died intestate leaving behind Biswanath Ghosh, since deceased (one of writ petitioners in WPA 7969(W)/2019), Tapan Kumar Ghosh (one of the writ petitioners in WPA 7969(W) /2019), Ajay Ghosh, since deceased, Utpal Ghosh (the writ petitioner in WPA 7087(W)/2019), Sumitra Ghosh and Jhunti Ghosh as his sons and daughters and as his legal heirs within the meaning of Hindu Succession Act, 1956.

iii. During his life time, the said Jogendra Nath Ghosh, since deceased, made an application before the appropriate authority for transfer of the said dealerships in favour of his two sons namely; Utpal Ghosh and Ajay Ghosh, since deceased.

iv. After the death of Jogendra Nath Ghsoh , since deceased, his other four legal heirs namely; Biswanath Ghosh, since deceased, Tapan Kumar Ghosh, Sumitra Ghosh and Jhunti Ghosh jointly gave their no objection for granting appointment in favour of Utpal Ghosh and Ajay Ghosh, since deceased, in respect of the said two dealerships.

v. Ajay Ghosh and Utpal Ghosh made a partnership firm and licence in respect of the said MR Dealership was granted to the said partnership firm namely; ‘M/S Ghosh Brothers’.

vi. On 10.03.2015 one of the partners of the said partnership firm namely; Ajay Ghosh died as a bachelor and on his demise Utpal Ghosh (the writ petitioner in WPA 7087(W)/2019) applied before the appropriate authority to continue the said dealership as a surviving partner.

vii. On the death of the said Ajoy Ghosh, (who died as bachelor) his two other brothers namely; Biswanath Ghosh,since deceased and Tapan Ghosh (the writ petitioners in WPA 7969 (W)/2019) also made joint application before the appropriate authority for grant of the dealership in their joint names.

However, such prayer was rejected by the competent authority.

viii. The said Biswanath Ghosh, since deceased and Tapan Ghosh thereafter approached this Hon’ble Court by filing WP- 26973(W)/2017 wherein a co-ordinate bench of this court passed the following order:-

“In those circumstances, both the writ petitioners as also Utpal Ghosh shall be entitled to apply for M. R. Dealership afresh for the village and P. O. Milki, P. S. English Bazar, Malda in their respective individual capacities, if however they choose to come together to form any commercially recognized body, the same may be considered in terms of sub-Clause VI of Paragraph 20 of the 2013 Control Order. In the absence of the parties coming together, their application may be considered purely in an individual capacity and as a fresh application.”

ix. Pursuant to such order Utpal Ghosh (the writ petitioner in WPA 7087(W)/2019) and Biswanath Ghosh, since deceased and Tapan Ghosh (the writ petitioners in WPA- 7969(W)/2019) made their respective applications before the appropriate authority being the Sub-Divisional Controller, Food and Supplies, Malda (SDCFS, Malda in short) who by his orders dated 12.03.2019 and 13. 03.2019 rejected both the applications as filed by Utpal Ghosh and as jointly filed by Biswanath Ghosh and Tapan Ghosh.

3. Both the sets of writ petitio