M/S The Roy Brothers Registered Firm And ORS. v. State Of West Bengal And ORS.

13.11.2025 Ct. No. 30 SL No.13 MKP WPA 16375 of 2025 M/S The Roy Brothers Registered Firm And Ors Vs.

The State of West Bengal & Ors.

Mr. S.S.Arefin .............. for the Petitioner Mr. Vivekanande Bose, Ld.Standing Counsel Mr. Arkadipta Sengupta .............. for the State/Respondent

1. The writ application has been preferred praying for direction upon the respondents not to give any effect or further effect in respect of letter dated 12.06.2025.

2. On hearing the parties and considering the materials on record, it appears that the petitioner herein, admittedly on the death of a partner has constituted a partnership praying for FPS license without the prima facie approval of the authority concerned.

3. The Sub-Divisional Controller Kalna (F&S) has informed the petitioner that

his proposal for reconstitution of the partnership has been rejected, on the ground that the incoming member is not a family member of the deceased/retiring partner and the partnership deed is also not registered before the competent authority.

4. As such the petitioner raised/placed his grievance before the authority concerned being the Divisional Controller, Kalna, who issued a notice dated 12.06.2025 asking the petitioner's to appear for a hearing which the petitioner submits that he did not attend.

5. Considering all these facts and in the interest of justice, the petitioner is granted liberty to appear before the SubDivisional Controller (F&S) Kalna on 27th November, 2025 at 1: 00 p.m., in view of the Sub-Divisional Controller, Kalna's, notice dated 12.06.2025 and shall give a hearing to the petitioner and consider his prayer in accordance with law.

6. The writ application stands disposed of.

7. This Court has not gone into the merit.

8. Applications, if any, connected thereto stand disposed of consequently.

9. Interim order, if any, stands vacated.

10.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]