Calcutta High Court (Appellete Side)
Sulekha Gorain vs Akb The State Of West Bengal & Ors on 28 November, 2019
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
1
Ct.
No. 28.11.19 W.P. 13056 (W) of 2019
23
Sulekha Gorain
1 -Versus-
akb The State of West Bengal & Ors.
Mr. Ram Anand Agarwal
Ms. Nibedita Pal ...For the Petitioner
Mr. T.M. Siddiqui
Mr. Nilotpal Chatterjee ...For the Respondents
This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated March 20, 2019 passed by the Sub- Divisional Controller, Food & Supplies, Purulia in relation to rejection of the application of the petitioner for appointment of a dealership licence on compassionate ground. The application was rejected on the ground that the petitioner was a 'married daughter' of the deceased dealer, Kishori Gorain, and accordingly, did not fall under the definition of 'family members' as per the West Bengal Public Distribution System (maintenance & control) Order, 2013.
I have further been informed that the Special Leave Petition filed by the State Government of West Bengal against the Full Bench judgment in State of West Bengal & Ors. Vs. Purnima Das reported in 2017(4) CHN (Cal) 362 has already been dismissed by affirming the order passed in Purnima Das's case (supra).
2In the light of the above, the impugned order is quashed and set aside.
I am informed that the petitioner has already been given the appointment of dealership subject to the result of this writ petition.
Accordingly, such appointment be confirmed within a period of two weeks from date.
With the aforesaid direction, the writ petition is disposed of.
Since, no affidavit-in-opposition has been exchanged, the allegations made in the writ petition are deemed to have not been admitted by the respondents.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis ( Shekhar B. Saraf, J.)