Calcutta High Court (Appellete Side)
Ibrahim Ali Sarkar & Anr vs State Of West Bengal & Ors on 22 January, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
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41 22.01.2014
W.P. 1654 (W) of 2014
gd
Ibrahim Ali Sarkar & Anr.
Vs.
State of West Bengal & Ors.
Mr. Debabrata Saha Roy
Mr. Pingal Bhattacharyya
..for the Petitioners
Mr. Susovan Sengupta
..for the State
The grievance of the petitioners is that despite the
second petitioner's name being recommended by the
appropriate authorities for transfer of the fair price
shop licence now standing in the name of the first
petitioner father in view of the incapacitation of the
father, a vacancy is about to be declared pursuant to
the impugned order and the second petitioner's
application for transfer rejected.
The State says that certain queries were raised as
would appear from the document dated March 30,
2011, appearing at "P-6" to the petition and they have
not been answered. The State says that merely because
an application is made or it is recommended by some
junior officials does not imply that the recommendation
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becomes binding without the final licensing authority
having a say in the transfer or refusal thereof.
Notwithstanding the submission of the State,
since it is evident that the application has, in effect,
been rejected by the order impugned dated December
31, 2013, a copy whereof is annexed as annexure "P-7"
to the petition, such decision is set aside to the extent
it pertains to the petitioners. The respondent No.3 is
directed to consider the application in accordance with law and, if the second petitioner complies with all conditions and is eligible to obtain the transfer, necessary decision in such regard should be taken as expeditiously as possible. Whether the application is allowed or rejected, such decision should be communicated to the petitioners within a period of eight weeks from date. If the application is declined, due reasons in support of such decision should be communicated within the same period.
W.P. 1654 (W) of 2014 is allowed as above without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities. 3 (Sanjib Banerjee, J.) 4