ALPANA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition is directed against the order dated 07.01.2008 passed by the Secretary to the Government of West Bengal, Department of Excise whereby and whereunder he directed to include the name of Smt. Krishna Saha, alias Sailabala Saha, the respondent no. 7 as joint licensee in respect of a foreign liquor Offshop at Barabazar, Burdwan along with present petitioner herein Smt. Alpana Saha by setting aside the order dated 08.02.2006 passed by the Commissioner of Excise. The said order was passed by him in compliance with the order dated 09.02.2007 and 20.03.2007 passed by the Hon'ble Justice Dipankar Datta in W. P. No. 1733(W) of 2007.

(2.) The present petitioner submits that one Probhat Kumar Saha had a license for a foreign liquor Offshop situated at Barabazar, Burdwan. The said Probhat Kumar Saha died on 13.11.1987 and was succeeded by his widow Smt. Sailabala Saha (wife), Prosanta Kumar Saha (eldest son), Goutam Kumar Saha (son), Utpal Kumar Saha (son) and Uttam Kumar Saha (son), Smt. Sabita Saha (married daughter) and Smt. Sampa Ghosh (married daughter). At that time Prosanta Kumar Saha was the registered salesman of the said shop. On 16.01.1987 the said Prosanta Kumar Saha applied for settlement of the license in his favour along with a no-objection certificate from every legal heir of the deceased Probhat Kumar Saha. Accordingly a temporary license was granted in his favour in between 21.11.1987 and 10.05.1989 which was renewed from time to time and ultimately a permanent license was allowed in his favour on 11.05.1989 which was renewed from time to time in his favour between 01.05.1989 and 28.02.2001.

(3.) On 28.02.2001 other legal heirs of the deceased Probhat Kumar Saha wrote a letter to the Collector, Burdwan intimating that the said Prosanta Kumar Saha was separated from their family and as such they claimed renewal of the aforesaid license in respect of the liquor shop jointly in favour of all the legal heirs of the deceased Probhat Kumar Saha. The Collector, Burdwan disposed of the prayer by his order dated 27.12.2001 holding inter alia, that there was no scope for renewing the license jointly in favour of the petitioners but directed Prosanta Kumar Saha to deposit a sum of Rs. 5,00,000/- so that from the infome thereof his mother, the respondent no. 7 could maintain here livelihood. Being dissatisfied with such order the respondent no. 7 preferred an appeal against such order dated 27.12.2001 before the Excise Commissioner, Burdwan. But the Excise Commissioner sustained the order of the Collector with the clear finding that the respondent no. 7, Smt. Krishna Saha was not fit to hold the license as she was over 65 years of age and had no experience to run a liquor shop. Another ground for passing such order was that if the license is renewed including the name of the respondent no. 7 she will be entitled to a share of profit in the business without investing any farthing to the capital of the said liquor shop and efficient running of the shop.