MOHIMA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been preferred under Article 226 of the Constitution of India for declaring definition of 'family member(s)' under Clause 2(m) and 'relative' under Clause 2(xa) of West Bengal Public Distribution System (Maintenance & Control) Order, 2013 (hereinafter referred to as the 'Control Order, 2013' ) as ultra vires and for rescinding and/or cancelling the order dtd. 25/7/2023 issued by Sub-Divisional Controller (Food & Supplies), Rampurhat disapproving the prayer of the petitioner no.1 for transfer of licence in favour of her brother i.e. petitioner no.2 on compassionate ground.

(2.) The brief fact of petitioner's case, in nutshell is as follows:

(3.) The State respondents have contested the writ petition by filing affidavit-in-opposition precisely contending that the petitioner no.1 is a widow who got the aforesaid licences transferred in her favour during the life time of her husband, original licence holder, on compassionate ground. The petitioner no.1 intends to get the dealership licences transferred in the name of her brother, petitioner no.2 on compassionate ground for medical incapacitation. However, the petitioner no.2 does not come within the ambit and definition of 'family member(s)' as contained in Control Order, 2013. The scheme of compassionate appointment and transfer of dealership licences is a beneficial scheme to provide financial assistance to the legal heirs (family members) who has no other source of income rather than save the distressed family members of the deceased dealer. Though brother falls within the definition of 'relative' but is included within the definition of 'family member(s)' and as such petitioners are not entitled to relief as sought for in the writ petition. The State-respondents are bound to act in accordance with the provision and guidelines of the department and they have, accordingly, taken all adequate measures in accordance with law. The respondent-authorities at each level proceeded in compliance with definite Government Order and never had the intention to violate the principles of natural justice. There is no ground made out by the writ petitioners which require interference of the Hon'ble Court. In light of the aforesaid, it is prayed that the writ petition be dismissed in limini.