Smt. Saraswati Mitra vs The State Of West Bengal & Ors
2023 Latest Caselaw 3846 Cal

Form J(2)      IN THE HIGH COURT AT CALCUTTA
              CONSTITUTIONAL WRIT JURISDICTION
                             Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                              WPA 22628 of 2022


                          Smt. Saraswati Mitra
                                    Vs.
                       The State of West Bengal & Ors.



Mr. Sadhan Kumar Halder
Mr. Ashok Kumarn Sarkar
           ..for the petitioner

Mr. Abhijit Basu
Mr. Arghya Kamal Das
             ..for the Respondent


Item No.22

Heard & Judgment on:          13.06.2023


Bibek Chaudhuri, J.

The case of the petitioner in short is that the petitioner is the

wife of one Nimai Mitra, since deceased. The said Nimai Mitra

constituted the partnership firm with Biswajit Kundu, respondent No.6

herein and used to run fair price shop obtaining licence from the

authority. After the death of Nimai Mitra his wife, the petitioner

herein wants to be inducted as a partner in place of her husband.

Hearing was conducted by the Sub-Divisional Controller and the

private respondent No.6 clearly stated that he does not want to carry

on the partnership business with the petitioner because the accounts

of the partnership business has not been settled as yet.

In view of such circumstances, this Court cannot pass any order

directing the Sub-Divisional Controller to induct the name of the

petitioner in the partnership deed because a partnership business is a

creature of contract between two and more persons to run a business

in partnership. In the instant writ petition the petitioner has prayed

for consideration of her representation dated 12 th September, 2022.

If the dealership of fair price shop was issued in the name of the

partnership firm, the present petitioner cannot be permitted to run

the said fair price shop as an individual licensee. Considering such

circumstances, this Court is of the view that the representation

submitted by the petitioner on 12th September, 2022 should be

disposed of by the respondent Nos. 4 and 5 after giving opportunity to

the petitioner and the private respondent No.6 of being heard.

In view of such circumstances, the instant writ petition is

disposed of directing the respondent Nos. 4 and 5 to dispose of the

representation dated 12th September, 2022 giving opportunity to both

the petitioner and the private respondent No.6 of hearing within 60

days from the date of communication of the order.

(Bibek Chaudhuri, J.)