SUMIT MAJUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners in this Article 226 petition dated April 26, 2010 are questioning an order of the Secretary, Excise Department. Government of West Bengal dated March 10, 2010 (at p.85) under sub-section (3) of section 8 of the Bengal Excise Act, 1909. The petitioners applied for a licence under the Bengal Excise Act, 1909 for sale of liquor on February 12, 2007. By an order dated August 7, 2009 (at p.59) the Additional District Magistrate & Collector, Asansol directed the application to be treated as cancelled.

(2.) Feeling aggrieved, the petitioners lodged an appeal under section 8(2) of the Act to the Excise Commissioner, West Bengal. By an order dated November 17, 2009 (at p.62) the Commissioner affirmed the order of the Collector. Then the petitioners applied for revision to the State Government under sub-section (3) of section 8 of the Act. By the impugned order the State Government has disposed of the revision petition affirming the order of the Excise Commissioner.

(3.) The Collector, the Commissioner and the State Government all have refused the petitioners licence on the grounds that within 1000 (one thousand) ft of the proposed site there is a Government sponsored sub-divisional library..