MD. AROB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant writ petition is filed by one Md. Arob, the grandson of one deceased Murteza Bibi, who was the owner of a Fair Price Shop dealership, praying for a declaration, considering him as entitled to be recognized within the definition of "family member" under West Bengal Public Distribution System (Maintenance and Control) Order, 2013 and subsequently, issue a writ of Mandamus commanding the respondent authorities and each of them to grant M.R. Dealership licence on compassionate ground in favour of the petitioner.

(2.) Murteza Bibi was running a fair price shop dealership at Block - Rampurhat-II, Village Shilgram, P.O. Chandpara, P.S. Margram, Birbhum, Pin - 731241 by virtue of a licence issued under the West Bengal Public Distribution System (Maintenance and Control) Order,2013 (hereinafter referred to as the "2013 Order"). Murteza Bibi had four daughters and one son and all four daughters were married and were residing at their respective matrimonial homes whereas the son was living with his wife and children along with his mother in the same house and the said fair price shop was the only source of livelihood for the whole family. The said son, Nura Ala, died during the lifetime of his mother Murteza Bibi, on 2/11/2003, leaving behind his widow, one daughter and two sons.However, his widow remarried leaving the daughter and sons with their grandmother.

(3.) Since Murteza Bibi's only son died, she brought up the eldest grandson, the writ petitioner, as her adopted son and the petitioner also remained with Murteza Bibi as her adopted son. Murteza Bibi continued to survive with the children of her predeceased son through the income derived from the said dealership and married off her granddaughter. In the course of time, the petitioner, who all along resided with Murteza Bibi, started to assist in the functioning of the dealership being the only source of livelihood for the family. Murteza Bibi died on 3/5/2022, leaving behind the petitioner and his younger brother as her survivors and her other legal heirs, being four married daughters and one married granddaughter.