ABDUR ROUF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner No. 1 is a Licensed Stamp Vendor attached to the Additional District Sub-Registrar Office, Pandua, Hooghly and the petitioner No. 2 is his son. It is the case of the writ petitioner No. 1 that although he has been running his business for last several years without any blemish but now due to his old age and the infirmity he acquired thereby, he was not in a position to run his business effectively and smoothly. Accordingly, he applied to the Licensing Authority to issue a new Stamp Vending Licence in favour of his youngest son, against his existing licence and after the grant of licence to his son, he undertook to surrender his licence. However, the respondent authority by their letter being Annexure "P-4" to this writ application without considering his such prayer asked him to surrender his original Stamp Vending Licence. The learned Counsel for the writ petitioner No. 1 vehemently contended that the approach of the respondent authority is totally erroneous and although the writ petitioner was asked to surrender his licence but nowhere he has been assured that after such surrender a new licence shall be issued in favour of his son, the petitioner No. 2. It is further submitted if after surrender of his licence by the petitioner No. 1, no licence is issued to his son, the petitioner No. 2, his entire family has to starve, which has no other source of income. He further argued that in this case it would have been proper for the Licensing Authority without asking the petitioner No. 1 to surrender his licence, to first issue a fresh licence in favour of his son, the petitioner No. 2 and then to call upon him to surrender his licence. In this regard, the learned Counsel for the writ petitioner relied upon an unreported decision of a co-ordinate Bench of this Court in connection with W.P. No. 6012 (W) of 201.

(2.) On the other hand, Mr. Sirsanya Bandyopadhyay, learned Counsel appearing on behalf of the State opposed this application and submitted that there is nothing wrong in the order impugned. He vehemently urged the same is in consonance with the guidelines prescribed in this regard by the Finance Department, Government of West Bengal vide annexure P/1 and P/2 to this writ application. He contended according to the said guidelines only after surrendering of his existing licence the question of granting new licence in favour of his youngest son can be considered. He urged this writ application is liable to be dismissed.

(3.) Heard the learned Counsel appearing on behalf of the parties. Considered their respective submissions and, more particularly, the guidelines prescribed for granting new Stamp Vending Licence for sale of non-postal stamps being Annexure "P-1" to this writ application and the Office Memo issued by the Finance Department, Government of West Bengal relating to formulation of guidelines for granting a new Stamp Vending Licence for sale of non-postal stamps as also the unreported decision of this Court relied upon from the side of the writ petitioner.