NAZIA BEGAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Munshi Jahanara Khatoon wife of Imtajuddin of Shabalsinghapur owned one MR License No. 1080/MR & S.K Oil License/113/K/DK/09. The said Munshi Jahanara Khatoon submitted petition with the concern authority on 16/6/1998 for induction of partner namely Najia Begum (petitioner) due to financial problem. On the basis of such application, hearing was conducted on 15/6/1999 wherein a partnership deed was produced which contend that the partnership would have 90% share of Najia Begum. After concluding of the hearing, MR & SK Oil License were issued in the name of two partners Najia Begum and Munshi Jahanara Khatoon jointly on of 24/3/2000 cancelling the previous license of maintaining formalities on the basis of the partnership deed.

(2.) On 17/11/2011 Munshi Jahanara Khatoon submitted a prayer before the concern authority to surrender her ownership from MR and SK Oil License Kerosene oil business. Her application for surrender of ownership was accepted by the concern authority.

(3.) The petitioner submitted a representation with the concern authority to continue the license in her name in individual capacity, such prayer was not considered thus she moved this court being WP No. 1105 of 20111 for renewal of his kerosene license and another writ petition being WP No. 41 of 2012 for renewal of MR dealership license. In both the writ petitions, this court has passed an interim order directing the authority to renew the license of the present petitioner till a particular period. Both the matter was heard together and the said writ petitioners are disposed of by this court directing the concern authority (SCFS) Arambag to take decision in accordance with law. The concern authority has given a reasonable opportunity of hearing to both the parties and has passed the impugned order on 2/9/2016 against which the instant writ petition was preferred.