BUOY BASANTA SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the order passed on 18th March, 1993, by a learned Single Judge of this Court vacating the interim order granted on 26th February, 1993 on a writ application filed by the appellant.

(2.) THE subject matter of dispute relates to settlement of an 'off' licence foreign liquor shop. The case of the appellant writ petitioner is that he is a resident of Ushagram, Assansol where one of the 'off' licence shops was proposed to be set up. According to the appellant the Addl. District Magistrate, assansol invited public objections and opinions on 9th December, 1986 regarding granting of 2 Excise 'off license for sale of foreign liquor as ushagram and New Road By-pass Road Crossing, Assansol. The proposal for granting license at Ushagram, Assansol was, however, dropped on the ground that it comes adjacent to children park etc. The said proposal related to the year 1987-88. Again a proposal for granting the foreign liquor 'off' license at ushagram. Asansol for the year 1990 - 1991 was made and the Addl. District magistrate vide his memo dated 29th December, 1989 invited public objections and opinions thereto. The appellant claims that he was a signatory to the objection raised by the local people reiterating the grounds on which the proposal for grant of hotel-cum-bar license for the periods 1987-88 and 1988-89 was dropped in the locality. It was stated that the said grounds would also apply to the rejection of the proposal of 'off license.

(3.) ON 16th March, 1992 the Addl. District Magistrate invited application for grant of 2 'off' licenses for the year 1992-93. If the case of the appellant that provisions of Bengal Excise Act, 1909 (hereinafter referred to as the said Act)as well as the Rules framed thereunder have not been followed in inviting application for settlement of 'off license shop.