ARINDAM JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been filed challenging the legality and propriety of the order dated 25.07.2006 passed by the Sub Divisional Magistrate and Sub Divisional Officer, Malda whereby and whereunder the Bar of the writ petitioner under the name and style of 'Barron' Bar-cum- Restaurant was temporarily closed following an explosion on 09.06.2006 within residential co-operative complex followed by final order passed by District Magistrate, Malda dated 16.08.2007 refusing to reopen the Bar at its existing site but liberty was given to the licensee to shift the same to some other safer zone, if he so desires.

(2.) It is contended by the writ petitioner that on 7th September, 2005 he was granted licence for retail sale of foreign liquor from his bar premises at Pranta Pally, Rathbari, under English Bazar, P.S. Malda till 31.03.2006. Respondent No. 3 called a meeting of all the licensees of Malda District in February, 2006 for renewal of their licences except the writ petitioner. Nevertheless, he deposited, necessary licence fee @ Rs. 20,000/- for renewal of his licence for 2006 ' 2007 with the local treasury on 13.03.2006.

(3.) On the night of 09.06.2006 at about 2 A.M. there was an explosion causing immense damage to above premises as well as to a considerable portion of the duty paid liquor stock of the petitioner. At that time the Bar remained closed and there was no fault or negligence on the part of the petitioner for such accident. On 10th June, 2006 respondent No. 6 inspected the premises while the petitioner handed over all documents including Bar-Register, Godown Register, Inspection Report Book and the last - sold receipt book etc. to the Respondent No. 6. On receipt of necessary release order from local police authority on 16.06.2006 he renovated damaged bar premises by 26.06.2006 at huge expenses. Thereafter on 27.06.2006 he made a written request to Respondent No. 8 to handover all documents received from him on 10.06.2006 by the respondent No. 6 so that he could reopen his business followed by subsequent reminders on 29.06.2006, 30.06.2006 and 17.07.2006 but to no effect. On the 19th July, 2006 he wrote a letter to respondent No. 3 with a request to direct Excise Deptt. to certify newly purchased documents like Bar Register, Godown Register etc. so that he could reopen his business for which he was incurring daily financial liability of Rs. 1500/- against bank loan taken for running his business. Thereafter Respondent No. 7 visited his Bar and submitted an inspection report on the basis of which Respondent No. 4 issued an order dated 25.07.2006 directing the petitioner to close his business temporarily which is now assailed. In his supplementary affidavit filed 23.04.2007 he has further prayed for quashing this order dated 08.02.2007 and 16.03.2007 passed by Dy. Commissioner of Excise (Hqrs), W.B. and the District Magistrate, Malda respectively refusing to allow him to reopen his Bar at existing site with liberty to shift the same to another restriction free site, if he so desires.