RAJIB DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The petitioners in this art.226 petition dated April 28, 2010 are aggrieved by the fact that their application dated July 6, 2006 (at p.17) for permission to shift the off shop has not been disposed of by the Excise Commissioner, the authority to decide the matter, inspite of the fact that the Collector recommended the request as back as September 14, 2007 (at p.22).

(2.) It is unbelievable that the Excise Commissioner did not find time to decide the petitioners' application even in four years. It is evident that he took the matter casually. Counsel for the State has submitted that the Commissioner may be given eight weeks to decide the matter. The suggestion is not acceptable at all. The Commissioner must decide the matter immediately.

(3.) In view of the above-noted situation, I dispose of the petition directing the Excise Commissioner, Government of West Bengal to decide the matter within a fortnight from the date of communication of this order. The decision shall be given after giving the petitioners an opportunity of hearing and it shall be communicated to the petitioners at once. No costs. Certified xerox.