Fair Price Ration Shop And ANR. v. State Of West Bengal And ORS.

2.09. 2024 item No.52.

n.b ct. no. 24 WPA 21595 of 2024 Mr. Timir Baran Saha, Mr. Sudip Sarkar, .... For the petitioner.

Mr. Arjun Ray Mukherjee, Mr. S. Chatterjee, .... For the State.

One FPS licence was granted in favour of the one Satish Chandra Ghosh being licence No.24P(N) BRST HBR(1) 233702900007-24. The said Satish Chandra Ghosh while carrying the business has submitted an application before the authority concerned through proper form, for change of ownership of nature of FPS from individual to partnership on April 26, 2023 by a proper form. In pursuance of the said prayer, the concerned Sub-Divisional Controller(Food & Supply) directed the said Satish Chandra Ghosh to submit registered deed a partnership in respect of their partnership business. The said partnership deed was submitted with the authority on October 12, 2023. Since then, the authority has not acted to change the nature of ownership of said business. The present petitioner being the partners of the of the said partnership business has preferred the writ petition for necessary direction.

Heard the learned counsel for the petitioner as well as the learned counsel for the State.

Considering the submission, it appears to me that the necessary application along with the registered deed of partnership was already been submitted with the authority on October 12, 2023, since then no decision has been taken by the authority.

Under the above mentioned prelevant situation, the authority concerned is directed to take appropriate decision in respect of the application filed by the Satish Chandra Ghosh vide Annexure 'P-1' along with Annexure 'P-2' of this writ petition within four weeks from the date of communication of this order.

The respondent no.7 is further directed to pass a reasoned order after giving proper opportunity of being heard to the petitioners. The said decision shall be communicated to the petitioner within two weeks thereafter.

Under the above observation, the writ petition is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Subhendu Samanta, J.)