Joymalya Bagchi, J. - (1.) THE impugned order dated 25th October, 2012 passed by the respondent no. 4, Sub -Divisional Controller, Food and Supplies, Barasat, refusing the prayer of the petitioner for appointing him as M.R. Dealer on compassionate ground, has been challenged in the writ petition.
(2.) THE petitioner claims to be the nephew of the former dealer, Badruddin Molla (since deceased). He contends that under the personal law, he is the legal heir of the deceased. He also contends that an application dated 1st August, 2011 was made by him for his appointment to such dealership on compassionate ground under the West Bengal Public Distribution System (M & C) Order, 2003. Hearing was given to the petitioner on 26th March, 2012. Thereafter, a notice was served upon the petitioner calling upon him to furnish Legal Heir Certificate of deceased dealer from the concerned Prodhan and also 'No Objection Certificate' in the form of affidavit from other legal heirs. It is the case of the petitioner that he submitted the requisite documents before the respondent no. 4 herein. No decision was taken in the matter. Accordingly, the petitioner approached this Court in W.P. 13978(W) of 2012, which was disposed of by a learned Single Judge of this Court by order dated 21st August, 2012, directing the respondent No. 4 to consider the application within a time frame. Pursuant thereto, the impugned order was passed.
(3.) LEARNED advocate appearing on behalf of the petitioner submits that without considering the aforesaid documents including the affidavits filed by other heirs and Sabana Bibi giving 'No Objection' to the claim of the petitioner, the impugned order was passed.;