WP No. 318 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
CHAINA BHATTACHARJEE
Versus
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE DEBASISH KAR GUPTA
Date : 19th May, 2011.
MR.MAHADEB SARKAR,ADVOCATE FOR
PETITIONER
MR.M.M.DAS,ADVOCATE FOR RESPONDENTS
The Court : This writ application is directed
against an order dated February 12, 2010 passed by the
respondent no.4 rejecting the application of the petitioner for
granting licence under the West Bengal Kerosene Oil Control
Order 1968 on compassionate ground.
2
The husband of the petitioner, namely, Prabir
Bhattacharjee, since deceased, was a dealer under the West
Bengal Kerosene Oil Control Order 1968. He died on June 3,
2006. The petitioner submitted an application for granting
above licence in her favour on compassionate ground. The above
application of the petitioner was rejected by virtue of the
impugned order on the ground that two licenses under different
control orders under the Essential Commodities Act, 1955 could
not be granted in respect of one and same family.
Having heard the learned counsel for the respective
parties as also taking into consideration the facts and
circumstances, I find that the above policy of the respondent
authority has been modified by an order dated July 16, 2010
passed by the Principal Secretary to the Government of West
Bengal, Food & Supplies Department permitting granting of two
licenses in the above circumstances to one and same family.
In view of the above, I direct the respondent no.4
to review his earlier decision in view of the modification in
the policy of the respondent authority in the matter of
granting licence on compassionate ground by passing a reasoned
order within six weeks from the date of communication of this
order after giving an opportunity of hearing to the petitioner
or her authorized representative.
This writ application is, thus, disposed of.
3
There will, however, be no order as to costs.
Let the affidavit-in-opposition filed by the
respondents and the affidavit-in-reply thereto filed by the
petitioner be kept on record.
Urgent photostat certified copy of this order,
if applied for, be supplied to the parties subject to
compliance with all requisite formalities.
(DEBASISH KAR GUPTA, J.)
sb.A.R(C.R.)