CHANDRAKALA Vs. STATE

JUDGEMENT

(1.) The petitioner moved this writ petition challenging an order dt. Aug. 30/31, 1978 passed by the Deputy Controller of Rationing, Initial Area II, by which the petitioner's petition for transferring the ownership of A. R. Shop No. 2987 was rejected on the ground that the petitioner's husband is the proprietor of an A. R. Shop is Muchipara Sub-Area.

(2.) At the time of hearing of the writ petition, Dr. Mukherjee appearing for the petitioner submitted that the impugned order proceeded on the basis that the petitioner, being the wife is not entitled to get the A. R. shop transferred in her name. although in para 11 of the affidavit-in-opposition affirmed by one Rathindra Kumar Basu on Aug. 2, 1979, it was stated that as the husband of the petitioner has a shop situated at Muchipara area, the petitioner is not entitled to get the appointment of the A. R. Shop transferred in her favour in terms of para 3(1) of the West Bengal Rationing Order, 1964.

(3.) Thus, the respondents have tried to shift from the original stand, they had taken by passing the impugned order, as stated above.