12 18.12.2013 W.P.36472(W) of 2013 pg (Bhumendra Nath Barman & Anr. vs. The State of West Bengal & Ors.)
Mr. Debabrata Saha Roy
Mr. Pingal Bhattacharya......for the petitioners Mr. Susovan Sengupta.....for the respondents Affidavit-of-service filed by the petitioners be kept on record.
In order to avail fair price shop licence and kerosene control dealership licence, the petitioners and one Lalit Chandra Barman executed a partnership deed in the year 1990 and on the basis of the said partnership deed initially, M.R. dealership agreement was executed by and between the petitioners, Lalit Chandra Barman and the Sub Divisional Controller (F &S), Balurghat. Subsequent thereto, Lalit Chandra Barman being one of the partners expired on 13th September, 2012. Thereafter according to the terms and conditions of the said partnership deed dated 6th August, 1990, the petitioners made a representation to the respondent no.6 for endorsement of only the names of the petitioners in both the fair price and kerosene oil dealership licences and to delete the name of the deceased partner, viz., Lalit Chandra Barman.
Upon consideration of the said representation made by the petitioners, the respondent no.6 issued a memorandum dated 28th December, 2012 incorporating 2
inter alia that the licence will not be issued unless petitioners fulfill all the conditions laid down in the partnership deed dated 8th June, 1990. Mr. Saha Roy, learned advocate for the petitioners submits that in terms of the directives contained in the memorandum dated 28th December, 2012, the petitioners have fulfilled all the conditions laid down in the said partnership deed dated 8th June, 1990 and upon fulfillment of the said conditions, the petitioners made a representation dated 7th November, 2013 praying for grant of fair price shop and kerosene control dealership licence in the joint name of the petitioners by deleting the name of the deceased partner and along with the said representation, the petitioners annexed a fresh partnership deed executed on 20th October, 2013. Mr. Saha Roy submits that the said representation of the petitioners dated 7th November, 2013 had not been considered by the respondent no.6 till date. Mr. Sengupta, learned advocate appearing for the respondents submits that the petitioners' representation must be considered in terms of the provisions of the West Bengal Public Distribution System (Maintenance & Control), Order 2013 and West Bengal Kerosene Control Order, 1968.
Accordingly, this writ application is disposed of directing the respondent no.6 to consider the petitioners' representation dated 7th November, 2013 upon granting 3
an opportunity of hearing to the petitioners and the private respondent nos. 7,8,9 and 10 and to communicate the decision thereof to all the parties. Let the above exercise be concluded within a period of four weeks from the date of communication of this order. This Court makes it clear that it has not gone into the merits of the petitioners' claim and all points are kept open to be considered by the respondent no.6. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously. (TAPABRATA CHAKRABORTY,J.)