BALAI CHANDRA SAHA Vs. BISWANATH SAHA

JUDGEMENT

(1.) THE petitioner, Balai Chandra Saha, is the licensed vendor of an excise shop at Purbasthali in the District of Burdwan, dealing in country-spirit, ganja, opium and bhang. He wanted to extend his business and applied for another license in respect of another country-spirit shop at Guskara, in the [district of Burdwan. He succeeded in obtaining a license for the unexpired period of the year 1961-62. The order of the Additional District Magistrate, dated July 25, 1961 settling the Guskara country-spirit shop with the petitioner is set out below :-

(2.) THE respondent No. 1, one Biswanath saha, who was also an applicant for the Guskara Country-Spirit shop, felt aggrieved by the selection of the petitioner as the licensee for the shop and appealed against the order, granting license of the shop to the petitioner, before the Excise Commissioner. By an order, dated February 7, 1962 the Commissioner of Excise dismissed his appeal. The said Biswanath Saha moved against the appellate order before the State Government, under the provisions of section 8 (3) of the Bengal Excise Act. During the pendency of the petition for revision before the State Government, the license in respect of the Guskara shop ended by efflux of time on March 31, 1962. Pending disposal of the revision petition, however, the Collector of Burdwan granted a renewal of the license to the petitioner, for the licensing year 1962-63. By an order, dated June 25, 1962, the State Government allowed the revision petition filed by respondent No. 1, Biswanath Saha, with the following observation:-

(3.) PURSUANT to the order by the State Government, it is alleged, steps were being taken to take over the Guskara country-Spirit shop from the petitioner. It was at this stage that the petitioner moved this Court, inter alia, praying for the quashing of the order of the State Government.