BIBHAS KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appellant in the MAT is questioning a decision of a single Judge dated September 6, 2013 dismissing his WP No.19420 (W) of 2011 under Article 226 of the Constitution of India.

(2.) THE West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 were made by the Governor in exercise of statutory powers conferred by the provisions of the Bengal Excise Act, 1909. In r.8 of the rules the restrictions on grant of licence at certain new sites were mentioned.

(3.) ON March 6, 2006 the petitioner submitted an application under the rules for the grant of a Foreign Liquor 'On' Shop licence. On the basis of the application necessary inquiry was made. The officer concerned submitted his inquiry report dated July 5, 2006. Alleging inaction, the petitioner moved this court by filing a WP No.19892 (W) of 2007 under Article 226 of the Constitution of India. By an order dated November 23, 2007 a single Judge disposed of the WP directing the Collector to dispose of the application for licence within the time mentioned in the order. The Collector passed an order dated January 18, 2008. The relevant parts of the order are quoted below: ?