PARAMITA BANIK BISWAS@PARAMITA BANIK v. THE STATE OF WEST BENGAL AND ORS
WPA/431/2026 · 2026-09-28
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43942 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43942 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
50 28.09.2026 Ct. No.6 b.das
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction
WPA No. 431 of 2026
Paramita Banik (Biswas)
Vs.
The State of W.B. & Ors.
Md. Baharuzzaman Mr. Tamal Singha Roy Ms. Priya Mridha …for the petitioner.
Mr. Kunaljit Bhattacharya Mrs. Rajni Singh Dev
..for the State.
Affidavit of service filed by the petitioner is taken on record. The petitioner’s father Hrishikesh Banik was a licensed Stamp Vendor vide licence issued on 24th December, 1973 as per the rules issued under Section 74 of the Indian Stamp Act, 1899 for Tufanganj Sub-Division, District Cooch Behar. The petitioner and her father submitted several representations before the concerned authority seeking grant of new vending licence in favour of the petitioner due to the old age and infirmity of the father, in terms of the guidelines issued by the Finance Department, Government of West Bengal on 22nd August, 1997. Clause 9(c) of the said guidelines envisages that in case of death or
2 inability of the stamp vendor due to his old age and permanent infirmity, the Collector may, at his discretion, consider, on compassionate grounds, granting of a new vending licence to the husband/wife/son/daughter of the deceased /disabled stamp vendor after termination of the licence of the said vendor in the event such near relative fulfils the eligibility criteria including minimum educational qualification and age limits prescribed in the memo.
Learned counsel has drawn the attention of this Court to an instruction issued by the Deputy Secretary to the Government of West Bengal to the Collector North 24 Parganas on 2nd April, 2008 which indicates that in case of grant of new vending licence in favour of the near relative of a deceased or disabled stamp vendor on compassionate ground, the age limit as prescribed in the Department’s memo dated 22nd August, 1997 may be relaxed to the extent considered necessary. The petitioner seeks consideration of the representations submitted by her and her father in this regard. Upon consideration of the submission made on behalf of the parties, the District Magistrate and Collector, Cooch Behar, being the 3rd respondent herein, is directed to consider and dispose of the
3 representations submitted by the petitioner and her father within four weeks from the date of communication of this
order upon granting reasonable opportunity of hearing to all concerned including the petitioner and her father, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. In the event the said authority arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest subject to the petitioner complying with requisite formalities. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)