KIDDERPORE WINE STORES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The first petitioner is a "Foreign Liquor Off Shop". Initially, the fourth respondent was the sole licensee in respect thereof. However, subsequently, the second petitioner was inducted as joint licensee and necessary licence in their joint names was duly issued by the excise authorities.

(2.) After issuance of the licence, the second petitioner and the fourth respondent carried on business jointly. With passage of time the licence became due for renewal. The second petitioner applied for renewal of the licence. It is claimed in the petition that since the fourth respondent did not sign the application for renewal of licence, the Collector of Excise (South) had allowed the second petitioner to run the shop temporarily. However, the Excise Commissioner by an order dated 6.5.2007 had observed that running of the shop on temporary basis is unacceptable and, accordingly, directed the Collector to settle the licence jointly in favour of the second petitioner and the fourth respondent after obtaining their signature. The order for granting of temporary licence in favour of the second petitioner was set aside. It was further observed that if licence cannot be granted on regular basis in favour of the joint licensees, he may be informed for further instruction in the matter.

(3.) In pursuance of the order of the Commissioner, the Collector issued a notice dated 25th June, 2007 to the second petitioner and the fourth respondent directing them to submit application jointly for renewal of licence for the period 2007 -08. Since the fourth respondent did not agree to submit joint application for renewal, the licence could not be renewed for the period 2007 -08 resulting in the Collector referring the matter to the Commissioner for his observations/remarks.