SANGITA JALAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 02.09.2004 passed by a learned Judge of the Writ Court by which the learned Judge was pleased to dispose of the two writ petitions being W. P. No. 10120 (W) of 2004 filed by the appellant and another writ petition being W. P. No.8269 (W) of 2004 filed by one Abhijit Das. The dispute is over grant of foreign liquor (off) shop licence. The detailed facts are noted below: Pursuant to an advertisement in the newspaper on 28th August, 2000, the appellant applied for grant of the said licence near ITC Cigarette Company at Metiabruz and its vicinity. In connection with the said grant of licence a lottery was held for preparation of a panel and the appellant came in the first position in the said panel and she was asked by the Collector of Excise, Kolkata to submit details of site including Blue Print Plan, Rent Receipt, Consent Letter from the landlord etc. On receiving the said letter the appellant requested the Collector of Excise for extension of time to submit an objection-free site. Thereafter, the appellant on 4th May, 2001 made a representation to the Land Manager, Kolkata Port Trust requesting him for allotment of a shop room for installing a foreign Jiquor (off) shop and this was informed by the appellant to the Collector of Excise by her letter dated 7th May, 2001.

(2.) The case of the appellant is that since the land falls under the jurisdiction of Kolkata Port Trust she can offer an objection-free site only upon receiving an order from, the Port Trust. As such, there was some delay on her part in offering the site and as a result of which she had to write on a number of occasions for extension of time to offer the said site. Ultimately, by an order dated 11th September, 2003, the Collector of Excise, Kolkata (South) rejected the appellant's candidature, inter alia, on the ground of her failure to offer any objection-free site within the prescribed period. Against the said order of the Collector of Excise, the appellant preferred an appeal before the Excise Commissioner on 30th September, 2003. The said appeal was fixed for hearing on 26th February, 2004 and the Excise Commissioner, considering the facts of the case and also the fact that the appellant is a physically handicapped woman, allowed a further extension of period of one month for offering the details of the site and the appellant was informed that she has to intimate the position by 22nd March, 2004.

(3.) During the pendency of the said appeal one Abhijit Das who was placed at No.3 in the said panel moved a writ petition being W. P. No.20033 ((W) of 2003 before this Hon'ble High Court. In the meantime, the appellant made a detailed representation dated 19th March, 2004 to the Excise Commissioner giving therein the details of the site and the appellant also informed that the Land Manager, Kolkata Port Trust by Memo dated 18th March, 2004 offered an allotment of a small room space at C.G. R. Road near Traffic Building on certain terms and conditions for the purpose of opening of foreign liquor (off) shop. Ultimately, on 29th March, 2004, the appeal of the appellant was taken up for hearing and the appeal was allowed after considering the letter of the Land Manager (1C) Kolkata Port Trust and the Collector of Excise, Kolkata (South) was directed to issue IMFL off licence in favour of the appellant in accordance with law. In the meantime, the writ petition filed by Abhijit Das [W. P. No.20033 (W) of 2003] came up for hearing and the same was rejected by a learned Judge of this Court by a judgment and order dated 27th April, 2004, inter alia, holding that since the appeal filed by the appellant was allowed by the order dated 29th March, 2004 and since the said appellate order was not challenged in the writ petition, the writ petition cannot succeed. But, liberty was given to Abhijit Das to challenge the order dated 29th March, 2004. Thereafter, on 18th May 2004, Abhijit Das again filed another writ petition challenging the order dated 29th March, 2004 which was heard and disposed of by the learned Judge of the Writ Court along with the writ petition filed by the appellant.