Mir Dara Sheko, J. - (1.) Certified copy of the impugned judgment delivered by the learned writ court furnished by the learned counsel for the appellant be kept on record. Learned counsel for the appellant submits that he has only reservation against the direction of the learned writ court given in the later part in the penultimate portion where it was held:- "This order will not prevent the respondents from processing the application of the private respondent in accordance with law."
(2.) We are apprised of that the M.R. Dealer licence was in the name of Tamijuddin Mohammad (since deceased), who happened to be the father of the appellant/writ petitioner. As a consequence of death of his father the appellant submitted application before the respondent authority to issue licence of M.R.Dealer in his favour on compassionate ground in view of clause 20(vi) of West Bengal Public Distribution System(Maintenance & Control) Order, 2013.
(3.) Learned counsel for the appellant submitted that the private respondent as one contender opposed against the prayer of the appellant on the ground that she happened to be the wife of Tamijuddin Mohammad although according to contention of the appellant she was the divorced wife, and therefore, the divorced wife will not come within the definition of the family as defined in the provision. Learned counsel for the private respondent asserted that her client is the second wife of said Tamijuddin Mohammad (since deceased), who married his client after demise of the first wife long back and she under the same Clause 20(vi) should be the first contender in having the M.R.Dealer licence on compassionate ground. He further submitted that the appellant/writ petitioner having no locus standi and his application was supposed to have been refused, the appeal and connected application are liable to be rejected accordingly.;