NIMAI CHAND PARIHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the decision of the State Respondents which rejected the transfer of FPS and kerosene oil licenses from the petitioner no. 1 to the petitioner 2 on compassionate grounds; the primary ground of rejection being that the degree of relationship of the petitioner no. 2 is not permissible under the definition of 'family members' as stated in the notification dated March 7, 2017, issued under the West Bengal Public Distribution System (Maintenance and Control) Orders of 2013.

(2.) The facts of this case, in so far as they are material to this writ petition, is circumscribed within a narrow compass and is encapsulated as follows:

(3.) It was also brought to my attention, that while this petition remained in a state of pendency, petitioner no. 1 has also passed away. Mr. Saha Roy, the learned counsel for the petitioners has argued that while the petitioners‟ representations were kept in a state of pendency, the State Government has amended the previous Control Order of 2013. Post such amendment, the widow of a pre-deceased son now stands incorporated in the definition of 'family members' in the new notification dated December 16, 2020. Mr. Saha Roy also argued that given the delay caused by the inactivity of the respondents in processing the above representations, the same may be considered in continuation under the new notification dated December 16, 2020.