Debasish Kar Gupta, J. - (1.) This is an application filed under Article 226 of the Constitution of India assailing an order passed by respondent No. 3 under memo No. 229/DR/SSLC dated November 14, 2014 (Annexure P -8 to this writ application) rejecting the prayer of the petitioner No. 1 for transfer of dealership in respect of the Fair Price Shop of the petitioner No. 1 bearing No. FPS -2832 (hereinafter referred to as the said fair price shop), running in the Sub -Area of Jorasanko of Kolkata North Sub -Control of the Food and Supply Department, Government of West Bengal in favour of the petitioner No. 2 (his nephew).
(2.) According to the petitioners, the petitioner No. 1 had been running his said fair price shop for a considerable period of time. The petitioner submitted an application dated August 19, 2011, to the respondent No. 3 for issuing the licence of his said fair price shop in the joint name incorporating the name of the petitioner No. 2 therein as a partner. The petitioner No. 2 was his nephew (the son of his elder brother). The petitioner No. 2 also submitted a representation on the same date, i.e. on August 19, 2011, with relevant papers and documents.
(3.) By an order communicated under memo No. 496/E dated November 3, 2011, the respondent No. 5 informed the petitioner that there was no provision for joint ownership of a fair price shop under the West Bengal Urban Public Distribution System (Maintenance and Control), 2003 (hereinafter referred to as the said Control Order, 2003).;