SAMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let affidavit of service filed today be kept on record. In the writ petition the petitioner has prayed for a direction upon the authorities of the Food and Supplies Department, Government of West Bengal to issue appointment letter and to grant Fair Price Shop Licence in his favour on compassionate ground, since his father Biswanath Das, a licensee of the shop concerned, on 21st August, 2006, that is during his life time, had submitted an application before the Sub-Divisional Controller (F & S), Chinsurah, Hooghly, the respondent No. 5 praying for transfer of the licence on the ground of incapacitation, and since subsequently on 13th August, 2013 the petitioner had furnished an application for such appointment. Submission is as his father during his life time filed an application, in view of Paragraph 20(vi) of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 (for short "2013 Order") which permits such transfer, appropriate order may be passed. On a query it is submitted that Amar Das, the elder brother of the petitioner had expired in the year 2001, that is during the lifetime of his father, the licensee.

(2.) Learned Advocate appearing on behalf of the State submits that as the father had opted for transfer of his licence in favour of the petitioner when the West Bengal Public Distribution System (Maintenance & Control) Order, 2003 ("2003 Order" for short) was in vogue which had lapsed on 8th August 2013 with the introduction of the 2013 Order and as it is not an action saved under paragraph 42 of the 2013 Order, no order may be passed.

(3.) Learned Advocate appearing on behalf of the private respondents, adopting the submission made on behalf of the State, submits that as objection has been filed by his clients that is the wife and son of late Amar Das, the application of his clients may be directed to be considered along with that of the petitioner.