Mohima Bibi And ANR v. State Of West Bengal And ORS.

27.03.2023 tbsr Ct. 39 WPA 2277 of 2023 Mr. Debabrata Saha Roy Mr. Pingal Bhattacharyya Mr. Subhankar Das .....for the petitioners Mr. Nilotpal Chatterjee Mr. Amrita Lal Chatterjee ......for the State Learned counsel appearing on behalf of the petitioners submits as follows. Although, the petitioners had prayed for a direction to transfer the dealership license of the petitioner no. 1 in favour of the petitioner no. 2 on medical ground, the petitioners would not like to press for the same and instead, would simply pray for a direction upon the respondent authorities to consider the petitioners' representation for transfer of license of the petitioner no. 1 in favour of the petitioner no. 2 on medical ground. An application for such transfer was made before the respondent authorities on 05.09.2022, but the petitioners received no response in respect of the same.

Learned counsel appearing on behalf of the State submits that in the event direction is passed upon the respondents to consider the petitioners' representation, the appropriate authority would be the respondent no. 5.

In view of the above, let the respondent no. 5 consider the petitioners' representation for transfer of

license on medical ground after hearing the interested parties within a period of six weeks from the date of communication of this order and intimate the decision to the petitioners within a fortnight therefrom. It is clarified the merits of the case have not gone into and the allegations are not admitted as there was no direction to exchange of affidavits.

With these observations, the writ petition is disposed of.

Urgent Photostat certified copies of this order may be delivered to the learned advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)