Rabi Dutta v. State Of West Bengal And ORS.

Item No.192 In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference) 01.12.2021 Ct-24 WPA 18666 of 2021 Rabi Dutta v.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowodhury Mr. Argha Das Mr. Abhishek Bose ... for the petitioner.

Mr. Sanjib Mitra ... for the private respondent.

The license holder expired on October 24, 2021. The heirs of the licensee are fighting amongst themselves for obtaining the licence on compassionate ground. The petitioner submits that an application has been made before the authority concerned. Prayer has been made for directing the respondent authority to consider the said application.

Admittedly, the said application was filed without obtaining the requisite no-objection certificate from the other heirs. The said application was also not made in the prescribed format.

That being the position the authority cannot be directed to consider such an incomplete application.

No relief can be granted to the petitioner in this writ application.

The writ petition fails and is hereby dismissed. It will be open for the respondent authority to take steps in accordance with law.

The heirs and legal representatives of the deceased licensee will be at liberty to take proper steps in accordance with law, if so advised.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

Sh (Amrita Sinha, J.)