ARINDAM JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Mandamus-Appeal is at the instance of a writ-petitioner and is directed against order dated 5th October, 2010 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellant in which the appellant challenged the legality and propriety of the order dated 25th July, 2006 passed by the Sub-Divisional Magistrate and SubDivisional Officer, Malda by which the Bar of the writ-petitioner under the name and style Barron Bar-cum-Restaurant was temporarily closed after an explosion on 9th June, 2006 followed by final order passed by the District Magistrate, Malda dated 16th August, 2007 refusing to reopen the Bar at its existing site but giving liberty to the writ-petitioner to shift the same to some other safer zone. Being dissatisfied, the writ-petitioner has come up with the present Mandamus-Appeal.

(2.) The facts giving rise to filing of this Mandamus-Appeal may be summed up thus:

(3.) Mr. Kar, the learned Advocate appearing on behalf of the appellant by relying upon various provisions of the Bengal Excise Act and Rules framed thereunder, tried to impress upon us that there was no justification of the Excise Authority to ask the appellant to shift the business, as his client has neither violated the terms of the licence nor is there any inaction or negligence on the part of his client in the explosion. By relying upon the police report, Mr. Kar tried to impress upon us that the explosion was an act of accident and that can happen at any place and therefore, the order of the District Authority in asking his client to shift the place of business was illegal. Mr. Kar further contended that under the Act and Rules framed thereunder, there is no provision of asking an existing licensee to shift the place of business unless the licensee himself applies for shifting. Mr. Kar, therefore, prays for setting aside the order passed by the learned Single Judge and directing the District Authority to permit his client to resume the business.