JOYDEV SEN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2009-7-67
HIGH COURT OF CALCUTTA
Decided on July 01,2009

JOYDEV SEN Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THE writ petitioner complains of an order passed by the Additional Collector, Hooghly on May 28, 2007 granting a stamp vendor's license in favour of the private respondent.
(2.) THE private respondent is the sister of the petitioner. THE warring parties' father was a licensed stamp vendor and had initially requested the authorities to transfer the licence in the name of the petitioner. Upon the petitioner being offered the licence, the petitioner refused to accept the same. THE petitioner's father thereafter required the licence to be transferred in the name of the private respondent. THE representation was considered by the Additional Collector, Hooghly and by an order of May 28, 2007 such official found that there was no provision under the guidelines of the Finance (Taxation) Department, Government of West Bengal bearing No. 2894 (17) F.T. dated August 22, 1997 to transfer a licence in such manner. The private respondent challenged such order of May 28, 2007 before this Court in W.P. 19228 (W) of 2007. The petition was disposed of on September 19, 2007 by permitting the petitioner to apply before the same official for a review of the order. The order clarified that the merits of the matter had not been gone into. Upon the private respondent applying for review, the Additional Collector considered the matter in the presence of the petitioner. The petitioner, in effect, seeks to have the licence in his favour.
(3.) THE Additional Collector held in the order impugned in the present proceedings that in view of certain other instances where transfer of the licence had been permitted, it was not impermissible to transfer the licence in favour of the private respondent. At the time that the review application had been filed and the impugned order was made, it is not indispute that the father of the petitioner and of the private respondent was already dead.;


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