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Calcutta High CourtWPA/7256/2023disposed

Indra Daman Das And ANR. v. State Of West Bengal And ORS.

2024-12-11Hon'Ble Justice Jay Sengupta2 pages

10 11.12.2024 NB Ct. 17 WPA 7256 of 2023 Indra Daman Das & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Amarendra Chakraborty.

...for the petitioners.

Mr. Amal Kr. Sen ld.AGP., Mr. Lal Mohan Basu.

...for the State.

Affidavit of service filed on behalf of the petitioners is taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is a licensed stamp vendor. But, he is presently aged about 84 years old. The petitioner no.1 prayed for transfer of his licence in favour of the petitioner no.2 who happens to be his son. But, the same was rejected by an order dated 27.02.2022 on the ground that the petitioner no.2 was overage. It was an inadvertent mistake on the part of the petitioner no.1 not to have applied for such transfer earlier. However, the petitioner no.2 had hardly crossed the age bar in question. Several representations were made in this regard before the concerned authorities. But, the same were rejected. The petitioners fall under the category of OBC. Learned counsel appearing on behalf of the State denies the allegations made in the writ petition and submits as that the age limit in question cannot be relaxed in normal circumstance.

In view of the above, the writ petition is disposed of by granting liberty to the petitioners to make a representation in

this regard before the respondent no.2, within a week from this date. In such event, the respondent no.2 shall consider the representation within eight weeks from the date of communication of making of such prayer/representation. It is clarified that the merits of the case have not been gone into.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)