SOURAV ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 1. In the writ petition the petitioner has prayed for a direction upon the police authorities to reopen his shop at 33/1, Mahim Haider Street, Kolkata in terms of the order passed by the Excise Commissioner, West Bengal.

(2.) The facts are that initially the petitioner was granted a licence to run a country spirit shop in Tapsia. There were objections. After receiving necessary permission it was shifted to Mahim Haider Street, Kolkata. But, thereafter, due to the objection by the private respondents against the grant of licence and due to physical obstruction, the petitioner could not run the shop. Challenging the action of the authorities in granting licence to run a country liquor (on and off) shop, a Public Interest Litigation being W.P. No. 15116(W) of 2005 was moved before this Court which was disposed of on 5th August, 2005 by the following order: Heard learned Counsel for the parties. This writ petition has been filed challenging, inter alia, the setting up of country liquor (on and off) shop within the vicinity of Kalighat Temple and a school. We are not examining the correctness of the grievances, but we are of the view that against the setting up of country liquor (on and off) shop eight of appeal is provided under the relevant statute, the petitioner should exhaust that right before approaching the High Court. We, therefore, dispose of the writ petition by directing the petitioner to exhaust his right of appeal under the statute. We make it clear that if such an appeal is filed within one month from today, the same shall be disposed of as early as possible, preferably, within one month from the date of filing such appeal. In the absence of any affidavits, allegations made in the writ petition are not admitted. With this observations the writ petition is disposed of."

(3.) Thereafter, in terms of the order passed on 5th August, 2005, the matter was taken up for hearing by the Excise Commissioner. On 6th October, 2005 after hearing the arguments of the parties an interim order was passed, the relevant portion of which is as under: