Manik Bhowmik vs The State Of West Bengal & Ors
2022 Latest Caselaw 6576 Cal

               IN THE HIGH COURT AT CALCUTTA
                     Constitutional Writ Jurisdiction
                              Appellate Side
Present:
The Hon'ble Justice Jay Sengupta

                           WPA 17253 of 2022

                           Manik Bhowmik
                                  VS.
                     The State of West Bengal & Ors


For the Petitioner            : Mr. Debasis Sur
                                Mr. A. Patra

For the State respondents      : Ms. Chaitali Bhattacharya

Mr. Subhendu Roy Choudhury

For the respondent no. 3 : Mr. Sk. Rejaul Alam

Heard on : 14.09.2022

Judgment on : 14.09.2022

Jay Sengupta, J.:

This is an application praying for direction upon the respondent

authorities to verify the application filed by the first wife for her

competency with regard to the deceased MR Dealer, Vivekananda

Bhaumik towards engagement on compassionate ground.

Learned counsel appearing on behalf of the petitioner submits

as follows. The petitioner is a son of the second wife of the deceased

MR Dealer. Applications were made by the first wife, the second wife

and the son of the second wife for obtaining MR Dealership on

compassionate ground. By a letter dated 25.06.2021, the Sub-

Divisional Controller, Food & Supplies, Tamluk, Purba Medinipur

intimated the claimants that an application can be considered only by

one of the legal heirs and others have to give no objection for such

purpose. Subsequently, by a communication dated 14.07.2022 the

petitioner was intimated by the Sub-Divisional Controller and Ex-

officio Assistant Director, Food & Supplies, Tamluk that although the

son of second wife is eligible for appointment on compassionate

ground, however, in such event, no objection certificate has to be

obtained from the eligible family members. At this stage, the

petitioner would like to have the respondents verify the application of

the first wife as regards her competency.

Learned counsel appearing on behalf of the State submits that

while the petitioner's claim to dealership on compassionate ground

would be subject to issuance of no objection certificates from the other

eligible family members, the right of the first wife is not subject to any

such no objection certificate. Incidentally, no divorce had taken place

between the erstwhile MR dealer and his first wife.

Learned counsel appearing on behalf of the first wife, i.e.

respondent no. 3 submits that this is a frivolous application and the

petitioner does not have any right to question the veracity of the

application made by the wife.

First, it does not appear that impugned letters issued by the

authorities upon the petitioner's right. It further appears that while

the relevant rules made it clear that no objection is not required if the

applicant is the spouse of the deceased licensee. However, in the

event, the present petitioner being the son of the second wife wishes to

make a claim that no objection might be required from the other

eligible claimants. The letters issued by the respondent authorities do

not at all dispute this position of law.

On the contrary, the first wife claim being the independent of

present petitioner's issuance of no objection. The present petitioner

does not have any right to question the veracity of the application

made by the first wife of the deceased for MR Dealership.

Therefore, I do not find any merit in this application.

Accordingly, the same is dismissed.

There shall be no order as to costs.

Urgent photostat certified copies of this judgment may be

delivered to the learned Advocates for the parties, if applied for, upon

compliance of all formalities.

(Jay Sengupta,J.) tbsr