ARINDAM GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal directed against the order passed by a learned single Judge dated 23.05.2002 whereby the learned single Judge has allowed the writ petition and restrained the Collector of Excise from allowing the respondent Nos. 7 & 8 to run the Foreign Liquor 'off' shop at 28, Hem Chandra Naskar Road, Beliaghata, Kolkata-10. The learned single Judge directed the respondent Nos. 7 & 8 to stop running of the liquor shop forthwith at the present site. He further directed that respondent Nos. 7 & 8 may offer any alternative site after following the mandate of law and the Excise Authorities would make proper enquiry in accordance with law and conclude the same within four weeks and thereafter take appropriate decision in the matter. Aggrieved against this order the present appeal has been filed by the respondent Nos. 7 & 8.

(2.) Brief facts which give rise to this appeal are that the writ petitioner challenged the site on which Foreign Liquor 'off' shop licence was granted in favour of the respondent Nos. 7 & 8 at 28, Hemchandra Naskar Road, Police Station Beliaghata (hereinafter referred to as the said premises). The petitioner was not the rival applicant for grant of licence, nor is he challenging the grant of the liquor licence in favour of the respondent Nos. 7 & 8. But his challenge is the selection of site on which the present shop has been permitted to be run. According to the writ petitioner, the site selection was not proper as it is against the provision of the West Bengal Acts and Rules.

(3.) The writ petitioner is a resident of 28, Hemchandra Naskar Road, Beliaghata, Kolkata, within the Maniktala Assembly Constituency. It is alleged that the premises from which this liquor shop is being run is situated in a very busy but stop and around it there are hospitals like Beliaghata I.B. and I.D. and B.G. Hospital, Dr. B.C. Roy Polio Clinic, Cholera Research Institute etc. It is also alleged that there are Nursery schools like Model Primary School run by the Kolkata Municipal Corporation within the close vicinity of the said premises. It is alleged that there are a few Doctors' chambers, Nursing homes, Milk Depot etc. near the Bus stop. It is alleged that the locality is a middle class locality. It is alleged that when the writ petitioner came to learn about the establishment of a Foreign liquor shop from the premises he and other local inhabitants of that locality contacted the Officer-in-Charge of the Police Station to prevent the establishment of liquor shop in the premises, but without any result. They made a mass representation to the Government for withdrawal of the permission for establishment of this shop in this premises, but without any result. It is alleged that the respondent Nos. 7 & 8 filed a writ petition before this Court which came to be registered as W.P. No. 1168 (W) of 2002 for police help in running the shop. It is alleged that this writ petition came to be disposed of by this Court with a direction to the police to render all possible assistance to the respondents Nos. 7 & 8.