Calcutta High Court (Appellete Side)Pradip Kumar Roy vs The State Of West Bengal & Ors on 15 December, 2021Item No.151\n\n\n                              In The High Court At Calcutta\n                             Constitutional Writ Jurisdiction\n                                  (via video conference)\n15.12.2021\n  Ct-24\n                                  WPA 8541 of 2021\n                                  Pradip Kumar Roy\n                                           v.\n                            The State of West Bengal & Ors.\n\n\n                    Mr.   Srijib Chakraborty\n                    Mr.   Suvasish Chakraborty\n                    Mr.   Biswajit Sarkar\n                    Mr.   Amit Choudhury\n                                     ... for the petitioner.\n\n                    Mr. Susovan Sengupta\n                    Mr. Subir Pal\n                               ... for the State.\n\n                    Affidavit-of-service filed in Court today is taken on\n\n              record.\n\n                        The grievance of the petitioner is that the FPS\n\n              dealer Rajkumar Roy expired leaving behind as many as\n\n              seven legal heirs. The respondent authorities issued thelicence on compassionate ground in favour of one of the\n\n              sons of the deceased dealer without obtaining the\n\n              consent or no-objection from the other heirs.The     learned   advocate   representing   the   State\n\n              respondents has filed affidavit-in-opposition wherein a\n\n              document dated April 6, 2021 is annexed. The document\n\n              dated April 6, 2021 is a notice issued by the Sub-\n\n              Divisional Controller (F & S), Berhampore (Sadar) to all\n\n              the legal heirs of late Rajkumar Roy the deceased FPS2dealer directing the parties to appear for a hearing on\n\nApril 13, 2021.The learned advocate for the petitioner submits\n\nthat his client was present at the hearing but the party\n\nwas not allowed to make any submission.It has been submitted by both the parties that the\n\nfate of the hearing has not yet been made known to the\n\nparties.As it appears that the authority i.e. the Sub-\n\nDivisional Controller already called for a hearing but no\n\nfinal order has been passed and there is an allegation by\n\nthe petitioner that the Sub-Divisional Controller did not\n\npermit the parties to make submission at the time of\n\nhearing, accordingly, the instant writ petition is disposed\n\nof by directing the Sub-Divisional Controller (F & S),\n\nBerhampore (Sadar) to take fresh hearing after giving\n\nprior notice to all the heirs. The hearing shall be\n\nconducted at the earliest, but positively within a period\n\nof eight weeks from the date of communication of a copy\n\nof this order.All the parties shall be permitted to          make\n\nsubmission and rely upon documents in their favour.\n\nThe Sub-Divisional Controller after hearing all the\n\nparties and upon perusal of the documents shall pass a\n\nreasoned order and communicate the same to the\n\nparties immediately thereafter.3It is made clear that this Court has not entered\n\n     into the merits of the claim of the parties and all points\n\n     are left open to be decided by the Sub-Divisional\n\n     Controller after hearing the parties.The writ petition stands disposed of.\n\n           Urgent photostat certified copy of this order, if\n\n     applied for, be given to the parties after completion of all\n\n     legal formalities.Sh                                      (Amrita Sinha, J.)