(1.) This is an appeal from the judgment and order of Mr. Justice Binayak Nath Banerjee dismissing the petitioner's application for a writ under Article 226 of the Constitution.
(2.) The petitioner applied to this Court for a Mandamus as well as Certiorari against the respondents--the Commissioner of Police and the State of West Bengal for refusing to grant or renew the petitioner's licence for the year 1962-63 in respect of an eating house established at 98, Lower Chit-pore Road, Calcutta which the petitioner claimed to have been running for several years. The establishment is said to serve meal of rice and curry twice daily to its customers. It is also alleged that the petitioner is a teetotaller and a religious minded person, a man of good behaviour and that there has never been any instance of drunkenness or disorder in the eating house establishment. It is said that no liquor or spirit or alcohol is served in the eating house. There is a supporting affidavit in favour of the petitioner from his landlord. The petitioner is a monthly tenant in respect of a room of the said premises at Lower Chitpore Road paying a rent of Rs. 131.35 nP per month.
(3.) The impugned order of the Commissioner of Police is No. 2884 P. S./PS/131(EH)62, dated 28th June, 1962 and is in the following terms;
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