ABHIJIT KARAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition the petitioner seeks to challenge the order dated 6th September, 2013 passed by the respondent no.4. The case of the petitioner is that a license was granted to him for carrying on the business of foreign Liquor 'Off' Shop. The said license was granted in 2005-06. Initially the license was granted in P.S. Kotwali, Paschim Medinipur and on a request made for shifting the said shop in 2011, the said prayer was allowed by the Excise Department and on the basis thereof, the foreign Liquor 'Off' Shop was shifted by the petitioner to the present site. On the basis of a mass petition received by the authorities an order was passed on 6th September, 2013, wherefrom it appears that an enquiry was conducted which revealed that two educational institutions, one hospital, one polyclinic and a religious place of worship (Mazar) was found within the vicinity of the foreign Liquor 'Off' Shop. This, according to the enquiry would cause law and order problem and, therefore, the petitioner was called upon to shift the site of the shop to a restriction free site.

(2.) According to the petitioner, Section 8 of the West Bengal Excise Rules 2003 imposes a restriction on grant of license in the event in the vicinity an educational institution recognized by the State Government or Central Government or any college or institution affiliated to any university established by law, traditional place of public worship and hospital for public use exists. The said restrictions are to be along the path which an ordinary prudent person would take to reach the site from the aforesaid place.

(3.) In the instant case, the educational institution is one Lions KG School which functions from 8:00 a.m. to 11:30 a.m. and is not recognized by either the State Government or Central Government. The Netaji Subhas Open University is another educational institution which does not conduct any class at its premise but has a sales counter thereat.