Calcutta High Court
Mridula Singha Roy vs State Of West Bengal & Orsl on 30 November, 2010
Author: Indira Banerjee
Bench: Indira Banerjee
ORDER SHEET
W.P. No.1458 of 2010
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
Mridula Singha Roy.
-Versus-
State of West Bengal & Orsl.
Mr. D. Saha Roy, with Mr. P.
Bhattacharyay, Advocates,
... for the petitioner.
Ms. Suchitra Saha, with Mr. D. Kar,
Advocates,
... for the state respondents.
Before The Hon'ble Justice INDIRA BANERJEE 30.11.2010 The petitioner's husband, Bibhuti Bhusan Singha Roy, was appointed Kerosene Oil Dealer and a license was issued to him under the West Bengal Kerosene Control Order, 1968. According to the petitioner, the petitioner's late husband was allocated 14 to 15 K.L. of Kerosene per month which he distributed to various kerosene oil dealers tagged with his dealership. According to the petitioner, in view of various old age ailments from which the petitioner's husband has been suffering, the petitioner had been looking after the kerosene oil dealership business. The writ petitioner's husband apparently 2 died on 19th December, 2006. The son of the petitioner, Bhaba Shankar Singha Roy wrote a letter dated 20th December, 2006 to the Sub Divisional Controler (F&S) intimating him of the death of Bibhuti Bhusan Singha Roy, the petitioner's husband. On or about 16th January, 2007, the petitioner applied for licence in place of her deceased husband on compassionate ground.
As per the policy of the respondents, dependent members of the family of a deceased dealer might apply for license on compassionate ground.
According to the petitioner, no decision has yet been taken on the application of the petitioner for license. Being aggrieved, the petitioner has initiated this writ application.
After hearing the respective parties, the writ petition is disposed of by directing the Sub Divisional Controller (F&S), Arambagh to take a decision on the application of the petitioner for license expeditiously preferably within 45 working days from the date of communication of this order after giving the petitioner and other interested persons, if any, an opportunity of hearing/representation. The decision of the Sub Divisional Controller (F&S), Arambagh, shall be communicated to the petitioner within one week from the date thereof. The decision shall be a reasoned decision. If, however, the 3 Sub Divisional Controller (F&S) allows the application of the petitioner and grants license to her, no reasons need be given.
The writ application is disposed of with the above direction/observations.
Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(INDIRA BANERJEE, J.) K.Banerjee Assistant Registrar (C.R.)