HOTEL SILVER LINE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The Court: The petitioners applied for a regular restaurant-cum-bar licence in accordance with the procedure and rules framed by the Excise authorities. During its pendency, an application was filed with the Collector of Excise, Calcutta South, the respondent No. 3 for the grant of a temporary bar licence.

(2.) The respondent No. 3, who, as it appears from memo dated 18th May, 2006 was in favour of granting the licence, had requested the Commissioner of Police , the respondent No.l to issue necessary police certificate if there was no objection from the point of Police Act. However, the Deputy Commissioner of Police, the respondent No.2, by Memo dated 9th June, 2006, rejected the application on the ground that it failed to comply with the mandatory provisions regarding proximity to educational institution and place of worship. Aggrieved, the petitioners moved the writ petition.

(3.) Pursuant to directions, affidavit have been exchanged. Learned Advocates for the parties have been heard at length.