SAROJ KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is aggrieved by an order dtd. 15th December, 2020 passed by the Excise Commissioner while hearing an appeal from an order of the Collector dtd. 15th June, 2017 refusing to renew licence for the settlement year 2017-18 for three bar-cum- restaurant licences. The Collector had rejected prayer for the refusal of licence as the Bidhan Nagar Police Commissionerate refused to issue NOC in view of different criminal cases registered against licences.

(2.) The Commissioner has, however, fairly recorded that the objections of the Bidhan Nagar police were more than three years old and a fresh report is needed from the police authorities.

(3.) Counsel for the petitioner would argue before this Court by reference to Sec. 42 of the Bengal Excise Act 1909 and Rule 14 of the Bengal Excise (Selection of New Sites And Grant of Licence For Retail Sale of Liquor And Other Intoxicants) Rules that the licence can be refused only upon any of the owners having been convicted of any offences mentioned therein. Admittedly, certain criminal proceedings may have been pending against the father of one of the directors of the petitioner and there is no conviction as yet. Counsel for the petitioner also refers to a notification of the Finance Department, Government of West Bengal dtd. 20th February, 2019. Clause 3 stipulates that no clearance from the Police Commissionerate should be given for refusing regular excise licences for every licensing year.