Madhumita Singha Roy v. State Of West Bengal

01.09.2021.

d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 12625 of 2021 (Via Video Conference) Smt. Madhumita Singha Roy -versus State of West Bengal & Ors.

Mr. Golam Mostafa, Mr. Samirul Sardar.

...For the Petitioner.

Mr. Md. Sarwar Jahan, Mr. Anisur Rahaman, Mr. Maidul Islam Kayal.

...For the Respondent No.8.

Mr. Susovan Sengupta, Mr. Subir Pal.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner is aggrieved by the order passed on 10th May, 2021 by the Sub-Divisional Controller, Food and Supplies, Domkal allegedly in compliance of the order passed by this Court in W.P. No. 1561 (W) of 2021.

By the said order, the Sub-Divisional Controller has opined that the prayer of Shri Ashim Singha Roy for getting FPS dealership license and S.K. oil dealership in place of his medically incapacitated mother (not biological) on medical compassionate ground may be granted subject to consideration of the Higher Authority, if there is no legal bar.

As it appears that the decision passed by the Sub-Divisional Controller has not yet reached finality, there is no reason to interfere in this matter at this stage. The matter will be forwarded by the SubDivisional Controller to the Higher Authorities for taking a decision.

In the event the reasoned order impugned herein has already been forwarded to the Higher Authorities by the Sub-Divisional Controller, then necessary steps shall be taken by the Higher Authorities for taking a decision whether to approve or disapprove the decision taken by the Sub-Divisional Controller, in accordance with law.

WPA 12625 of 2021 stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)