ASUTOSH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In response to an advertisement dated November 24, 2004 inviting applications for grant of foreign liquor off shop licence, inter alia, within the local limits of Burdwan Municipality, the petitioner had offered his candidature vide application dated December 14, 2004. It was accompanied by the requisite fees of Rs.12,000/-. The petitioner's application having been found to be in order, he was called upon to participate in a lottery along with other eligible candidates. Fortune smiled on the petitioner at the draw of lots. He was selected for grant of licence and called upon to indicate the site of the proposed 'off shop'. Two sites were indicated by him. Enquiry was conducted in respect of the first site by the Deputy Excise Collector, Sadar Range, Burdwan East Area, Burdwan. In his report dated September 27, 2005, the enquiry officer observed that the proposed site was free from any restriction under Rule 8 of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 (hereafter the 'New Sites Rules'). The District Magistrate and Collector, Burdwan (hereafter the Collector), being the licensing authority, thereafter confirmed to the petitioner vide memo dated November 14, 2005 that a licence is being granted to him. Licence in Form X bearing no. 17/2005 dated November 14, 2005 was ultimately issued. The petitioner started business a few days thereafter and till almost the middle of 2011, there was no interference from any quarter. This position has been admitted by the official respondents even in their affidavit-in-opposition to the writ petition.

(2.) The records reveal lodging of complaints by the respondents 4 and 5, beginning from August, 2011. The first one dated August 11, 2011 was addressed by the respondent 4 and others to the President, Burdwan Minority Cell. The second one dated September 5, 2011, at the instance of the same complainants and bearing almost similar contents as the first one was addressed to the Collector. The respondent 5 was the author of the third complaint dated October 13, 2011, which was addressed, among other public authorities, to the Collector.

(3.) The complaints were directed by the Superintendent of Excise, Burdwan East Area to be enquired into by the Deputy Excise Collector. The report dated September 21, 2011 of the Deputy Excise Collector in its entirety, is extracted below :