MOHIT LAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has preferred the present challenge against Order No. 673/SED/E dated December 10, 2019 passed by the Additional District Magistrate (D) and Collector of Excise, Hooghly, directing temporary closure of the petitioner's 'Rikta Restaurant cum Bar' , "for the time being" under Section 26(1), Bengal Excise Act, 1909 (hereinafter referred to as "the Bengal Excise Act"). Such order is annexed at page 64 of the present writ petition.

(2.) Learned senior counsel for the petitioner argues that the petitioner was granted a temporary license to run the restaurant"cum"bar within the purview of Rule 4, Clauses (i), (j) and (k) of The West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 (hereinafter referred to as "the 2003 Rules"). The said clauses permitted sale of foreign liquor for consumption "on" the premises of any restaurant and attached bar, hotel"cum"restaurant"cum"bar and hotel"cum"bar. Rule 9 of the 2003 Rules governs the procedure for selection of new site for grant of licenses. Rule 9 reads as follows:

(3.) Section 26 of the Bengal Excise Act is set out below: