- (1.) Petitioners have filed the present writ petition for direction upon the respondent No. 1 to bring the petitioners No. 2 and 3, being the son and daughter-in-law of the petitioner No. 1, in his M.R. dealership business. Mr. Saha Roy, learned Counsel appearing for the petitioners, submits that due to the illness of the petitioner No. 1, the petitioner No. 1 entered into a partnership deed with his son and daughter-in-law and that partnership deed was executed on 29th October, 2010 and thereafter on 12th November, 2010, petitioner No. 1 made the representation before the authority to incorporate the names of the son and daughter-in-law of the petitioner No. 1 in the licence of the M.R. distributorship of the petitioner No. 1. In the representation, petitioner No. 1 failed to submit all documents including filling up the form 'A' application under Control Order, 2003. Therefore, an enquiry was conducted on 28th December, 2010 by the authority. Thereafter, since some discrepancies were pointed out by the Joint Director, Licence, DDP & S, therefore, the Joint Director, Licence, DDP & S, by letter dated 11th February, 2011, was directed by the District Controller, Food and Supply, Purba Medinipur, to remove the defects and submit afresh. Thereafter, on 2nd March, 2011, a fresh partnership deed was executed between the petitioner No. 1 and his son and daughter-in-law and on 29th March, 2011, again enquiry was conducted and report was submitted by the concerned authority, thus, recommending the case of the petitioners and the District Controller, Food and Supply, Purba Medinipur, forwarded the same to the Joint Director, Licence, DDP & S. Thereafter, on 12th April, 2011, Joint Director, Licence, DDP & S forwarded the same to the Joint Secretary, Government of West Bengal, Food and Supply Department. Mr. Saha Roy, learned Counsel, further submits that on 16th November, 2011, Joint Director, Licence, DDP & S, forwarded the entire file to the Special Secretary, Government of West Bengal, Food and Supply Department. Mr. Saha Roy, learned Counsel, further submits that it is not grant of fresh licence. It is only the incorporation of the name of the partners in the existing licence. In support of his contention, Mr. Saha Roy, learned Counsel, draws my attention to the order passed in W.P. 22770(W) of 2007 on 10th August, 2010 appears at page No. 72 of this writ application. Some extracts of the said order dated 10th August, 2010 is quoted below: "In this case prayer of the petitioner No. 1 was allowed by the respondent No. 4 after considering the enquiry report of the respondent No. 5. Therefore, his subsequent action to revert back the position prevailed prior to issue of the license in question cannot be sustained in law. I further find no substance in the submissions made by Mr. Chakraborty that the induction of two partners in the dealership amounts to appointment of a fresh dealer under the said control order. The impugned order is thus set aside. The respondent No. 4 is directed to issue the dealership license in question in favour of the petitioners within a period of six weeks from the date of communication of this order. There will be, however, no order as to costs."
(2.) Mr. Saha Roy, learned Counsel, further submits that pursuant to the said order, induction of the partners in the existing licence was done by the authority. In support of his contention, Mr. Saha Roy, learned Counsel, relies on pages No. 77 to 84 of this writ application, which shows that induction of the partners in the existing distributorship business has been done time to time by the authority. Mr. Saha Roy, leaned Counsel, also relies on a Government Order dated 14th September, 2010, issued by the Joint Secretary, Licence, Government of West Bengal, which is quoted below: "To: i) Director, DDP & S, Food & Supplies Dett. Govt., of West Bengal. ii) Director, Rationing, Food & Supplies Deptt. Govt., of West Bengal. Sub: Partnership business in respect of Dealers and Distributors. Sir, I am directed to inform you that Government has been contemplating to adopt a clear principle in respect of partnership business for dealers and distributors. A draft guideline has been prepared which is under consideration of the Government. However, in the meantime for disposal of huge pending proposals on it an interim decision has been taken which may be seen in the enclosed copy of the note sheet. You are requested to dispose of the pending files accordingly. Yours faithfully, Joint Secretary to the Govt., of West Bengal Dated: 14th September, 2010" Enclo.:- Copy of the note sheet
(3.) Mr. Saha Roy, learned Counsel, also relies on a Government Note. Some extracts of the Government Note is quoted below: "Hence, till one accepted guideline is issued coupled with amendment of control orders, we may allow proposals for conversion of proprietorship business to partnership (specially among nearest kins) and vice versa without changing the basic character of F.P.S./Distributorship-business.";