(1.) The petitioner, pursuant to a notice inviting application for grant of licence for retail sale for consumption of country spirit, applied for "off" and "on" shop at Sonepur Bazari, Burdwan. After considering the applications, a lottery was held. Admittedly the petitioner stood second and the respondent No. 4 stood first on the panel. By memo No. 995/E (W) dated 1.6.2001 a communication was made on behalf of the respondent No. 3 to the petitioners. The relevant portion of the memo dated 1.6.2001 is as under:-
(2.) The petitioner enquired and came to learn as the respondent No. 4 stood first and was found fit, the licence was going to be granted to him. Subsequently, the petitioner came to know that though the said respondent stood first, no shop of country spirit had been opened.
(3.) Thereafter, the petitioner by letter dated 29.8.2003 demanded justice. Since the respondent No. 4 had not opened the shop, the petitioner called upon the respondent Nos. 2 and 3 to grant licence in favour of the petitioner as he stood second on the panel.