SUJIT MOULIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner filed this writ application praying for mandamus for considering its representation being annexure P-8 (which should be annexure P-7, annexure P-8 is not any representation) for granting licence of an M.R. Dealer shop in the District of Alipurduar. He also prayed for a mandamus for setting aside the Government notification No. 2893-FS/SECH/4M-195/2018 dated 12.09.2018 for filling up vacancy of Fair Price Shop Dealer in different places including a Village namely Damanpur in the District of Alipurduar. M.R. Dealer shops are now termed as Fair Price Shops.

(2.) From the representation of the petitioner dated 18th August, 2017 it is found that the M.R. Shop No. 38 had two partners namely Debabrata Moulik and Ratan Kumar Moulik. After death of one of the partners Debabrata the other partner Ratan, who was unmarried and physically handicapped, by submitting a representation wanted the licence of the M.R. shop to be given in the name of his younger brother Sujit Moulik i.e. the petitioner herein. Ratan expired on 17th December, 2016. (Debabrata, elder brother of the petitioner, expired before Ratan on 29th June, 2013, as is found from annexure P-3 of the writ application).

(3.) Therefore the case of the petitioner as appears from the writ application is that after the death of the partners namely Debabrata and Ratan he wanted the licence of M.R. Shop and as his representation dated 18th August, 2017 was not considered by the concerned authority, Government should be restrained from filling up the resultant vacancy of Fair Price Shop Dealership and such decision of the government was required to be set aside.