Murshida Begum v. State Of West Bengal And ORS.
02.09.2024 SL No.50 Court No.24 Ali WPA 21357 of 2024 Murshida Begum
Versus
The State of West Bengal & Ors.
Mr.Syed Arif Ahmed .......for the petitioner.
Ms. Sonal Sinha, Ms. Ashmita Chakraborty ......for the State.
The husband of the petitioner, namely, Lutfar Rahaman Molla was granted M.R. Dealership by the concerned State authority. It is the case of the petitioner that after demise of her husband, she preferred an application for appointment of herself as a M.R. Dealer on compassionate ground. The said application was not considered by the authority concerned. Accordingly, the petitioner approached this Court in a WPA No.18249 of 2016 wherein this Court has given the liberty to the petitioner to file a separate writ petition afresh on the basis of selfsame cause of action. The present petitioner has submitted his demand of justice through his learned advocate vide a correspondence dated 16th August, (Annexure-11). It is the case of the petitioner that the concerned authority has not taken any decision in respect of the said representation. Petitioner
seeks necessary direction upon the concerned authority so that the concerned authority to make a reasoned decision after giving reasonable opportunity of hearing to the petitioner.
Learned counsel appearing on behalf of the State submits that she possessed the entire instructions from the authority concerned but if the petitioner intends to proceed with the representation, necessary direction may be passed by this Court.
Having heard the learned counsel for the parties; it appears to me that the concerned authority has not taken any decision till today on the basis of the representation of the present petitioner, through his learned advocate dated 16th August, 2024.
Under the above observation, the authority concerned is directed to take appropriate decision on the basis of the representation dated 16th August, 2024 of the petitioner (being Annexure-P11 of the writ petition), and passed a reasoned order after giving reasonable opportunity of being heard to the petitioner.
The authority concerned is directed to take the appropriate decision within a period of six weeks from the date of communication of this order.
The authority concerned must have heard the petitioner before passing the reasoned order. The authority is further directed to inform the reasoned order to the petitioner within two weeks after passing the reasoned order.
Under the above observation, the application being WPA 21357 of 2024 is disposed of.
Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions.
(Subhendu Samanta, J.)