Dharitri Ray and Anr v. The State of Assam and 4 Ors

ORDER Date : 10.05.2024

Heard Mr. B. J. Ghosh, learned counsel for the petitioners, who submits that the husband of the petitioner No. 1, Late Rati Ranjan Ray, expired on

06.06.2022. He submits that Late Rati Ranjan Ray had a fair price shop licence under the respondent No. 5, bearing Licence No. BNS(R)PDA/14. On the death of Late Rati Ranjan Ray, the petitioner No. 2, who is the nephew of Late Rati Ranjan Ray, applied for transfer of the licence bearing Licence No. BNS(R)PDA/14 from the Late Rati Ranjan Ray to the petitioner No. 2. The petitioner No. 1 also submitted an application dated 05.07.2022 for transfer of the fair price shop licence in favour of the petitioner No. 2, besides giving a No-Objection Certificate.

¶2The learned counsel for the petitioner submits that a direction should be issued to the respondent Nos. 3 & 4, to consider the transfer of the fair price shop licence bearing Licence No. BNS(R)PDA/14 in favour of the petitioner No.

2.

¶3Mr. G. Bokaliyal, learned counsel appears for the respondent Nos. 1 to 4 and submits that there is no right of inheritance of any fair price shop licence.

¶4I have heard the learned counsels for the parties. Page No.# 3/3

¶5There is nothing produced by the petitioners to show that the fair price shop licence, which was originally given to Late Rati Ranjan Ray, can be inherited by the relatives of the deceased. The only thing that the relative of the deceased can do is to apply for a fresh fair price shop licence. As such, no legal or fundamental right vests with the petitioners, for transfer of the FPS licence from the deceased to the petitioner No. 2.

¶6In view of the above reasons, the petitioners are given the liberty to submit an application for allotment of a fresh fair price shop licence and on receipt of the application for a fresh fair price shop licence, the States respondents should consider the same along with all other fair price shop licence applications made by other persons, within a reasonable time. The above observation and direction is subject to the condition that the petitioner No. 2 has all the requisite criteria required for being considered for the same and that the fair price shop licence has not been allotted to any other person in lieu of the fair price shop licence, which had been allotted in the name of Late Rati Ranjan Ray earlier.

¶7This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010089362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2368/2024o DHARITRIoRAYoANDoANRo W/-oLATEoRATIoRANJANoRAY,oR/O-oVILL.-oMAZGAON,oP.O.oCHOKOPARA,o DIST.oBONGAIGAON 2:oMRIDULoKUMARoRAY oS/O-oSRIoMONUoSANKARoRAY oR/O-oVILL.-oMAZGAONoPT-II oP.O.oCHOKAPARA oPSoANDoDIST.oBONGAIGAON oASSAMoPIN-o783380o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oFOOD,oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoDIRECTORoOFoFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRS oASSAMoBHANGAGARHoGHY-5. 3:THEoDISTRICToCOMMISSIONER oBONGAIGAONoASSAMoPIN-o783380. 4:THEoDY.oDIRECTOR oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoAFFAIRS oDIST.oBONGAIGAONoASSAMoPIN-o783380. 5:THEoCHOKAPARAoCOOPERATIVEoSOCIETYoLTD. oREP.oBYoITSoSECRETARY oP.O.oCHOKAPARA oP.S.oANDoDIST.oBONGAIGAON Page No.# 2/3 ASSAM PIN- 783380 Advocate for the Petitioner : MR. B J GHOSH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA