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Calcutta High CourtWPA/29155/2023dismissed

Ratna Saha v. State Of West Bengal And ORS.

2024-01-08Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

A-33 Ct No.09 08.01.2024 TN WPA No. 29155 of 2023 Ratna Saha Vs.

The State of West Bengal and others Mr. Kanishk Sinha .... for the petitioner Mr. Ansar Mondal, Ld. AGP, Mr. Asish Dutta .... for the State 1.

The writ petition has been filed under peculiar circumstances.

2.

The petitioner claims that the petitioner got a stamp vendor's licence on compassionate ground on the demise of her father.

3.

Although all the other heirs of the petitioner's father, borne of the wedlock between the petitioner's mother and her father, have given consent to the petitioner getting such compassionate licence, the petitioner could not trace out respondent no.6, who is also an heir of the petitioner's father from his other wife.

4.

As such, the petitioner apprehends that the said licence, in the absence of consent from respondent no.6, is invalid and seeks a termination of the same.

5.

Heard learned counsel for the parties.

6.

The present writ petition is frivolous. If the petitioner wants to surrender her licence, she can always approach the authorities and make such request.

7.

On the other hand, if the petitioner wants to vindicate the issuance of her licence, it is for the petitioner to disclose before the appropriate authorities as to the existence of another heir of her father and seek advice from the respondentauthorities as to what modalities are required to be complied with by her.

8.

In any event, the writ petition is not maintainable, being utterly devoid of any cause of action against the respondent-authorities.

9.

Accordingly, WPA No.

29155 of is dismissed, granting liberty to the petitioner to take appropriate steps before the respondentauthorities.

10. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)