KALIDAS CHAKRAVARTI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for an appropriate writ directing the respondents Nos. 1 and 2 to recall or rescind an order cancelling the petitioner's licence granted under the provisions of the Bengal Excise Act and to restore the licence to the petitioner.

(2.) The petitioner had a liquor shop at Domar in the District of Rangpur now in Eastern Pakistan, since 16-12-1930. The said shop was looted in March, 1950 as a result of communal disturbances, and the petitioner thereafter abandoned the stock m the said shop and migrated to the Indian Union to settle here permanently. In pursuance of a notification issued by the Government for settlement of a new shop at Siliguri the petitioner on or about the 23rd December, 1952 filed an application for grant of a licence in respect of the foreign liquor shop at Siliguri in the district of Darjeeling. Such licences are known as "F. L. Off" licences and the sale was to be either by wholesale or by retail. On 31-1-1953 the Deputy Commissioner and the Additional Deputy Commissioner, parjeeling, and the Superintendent of Excise granted interviews to 53 candidates including, the petitioner who had made applications for the said licence in respect of the Siliguri shop. On 2-2-1953, the Deputy Commissioner of Darjeeling passed an order to the effect that the licence of the shop should be issued to the petitioner. After the issue of this licence in favour of the petitioner the petitioner gave up another licence for an excise shop at Jalpaiguri, which was also simultaneously issued in favour of the petitioner. The respondent No. 3, Ajit Kumar Bhattacharyya, who was also an applicant for the said licence for the Siliguri shop, was selected as second in order, by the Deputy Commissioner of Darjeeling, for the reason that if by chance the petitioner could not open the said shop, the said Ajit Kumar Bhattacharyya would become entitled to obtain the same licence. On 27-2-1953, the Superintendent of Excise, wrote a letter to the petitioner, intimating that the shop had been settled with the petitioner and askea the petitioner to take necessary steps for opening the shop. Thereafter the petitioner took the lease of the land and the shop room, and deposited a sum of Rs. 1000/- by way of security, and after complying with the various other necessary formalities he started running the said liquor shop at Siliguri. On 23-3-1953 another applicant for the said liquor shop at Siliguri, D. Sorabji and Co., preferred an appeal before the Commissioner of Excise, West Bengal, against the said order of the Deputy Commissioner, dated 2-2-1953. On 18-4-1953 the respondent No. 3, Ajit Kumar Bhattacharyya, Presented a revision petition to the Hon'ble Minister of Excise challenging the said order of the Deputy Commissioner, dated 2-2-1953, instead of preferring an appeal to the Commissioner of Excise West Bengal as provided under the rules framed under Section 85 of the Bengal Excise Act. On 23-4-1953 the Hon'ble Minister admitted the said petition and directed that the said petition be heard by the Commissioner of Excise after treating the said revision petition as an appeal as contemplated by the rules framed under the Act, although the time for filing an appeal, which is 30 days under Rule 5 of the Rules framed under the Act had expired long before the presentation of the revision petition to the Hon'ble Minister of Excise. On 27-5-1953 the Commissioner of Excise heard both the appeals filed by D. Sorabji and Co. and by respondent No. 3 and after considering all aspects of the case he dismissed the said two appeals. On 4-6-1953 the respondent No. 3 filed another application for revision before the Hon'ble Minister of Excise against the said order of the Commissioner of Excise dismissing his appeal. This revision petition was ultimately heard by the Hon'ble Minister of Excise on 28-11-1953. By an order dated 5-12-1953 the Hon'ble Minister of Excise set aside the order of dismissal made by the Commissioner of Excise and directed that licence be granted in favour of respondent No. 3, Ajit Kumar Bhattacharyya. On 17-12-1953 the petitioner was informed about the decision of the Hon'ble Minister of Excise whereupon the petitioner applied for the certified copy of the said order and upon receipt of a certified copy the petitioner on 5-1-1954 presented an application for review of the said order before the Hon'ble Minister. On 28-1-1954 the petitioner received a reply from the Hon'ble Minister expressing his inability to reconsider the order. On 22-3-1954 the petitioner moved this Court under Art 226 of the Constitution and obtained the present Rule.

(3.) On behalf of the opposite parties Nos. 1 and 2, one Sri A. B. Rudra, the Deputy Secretary to the Government of West Bengal in the department of Excise, has affirmed the affidavit-in-opposition. It is not necessary to deal with this counter-affidavit in any detail, inasmuch as the" questions which have been raised are purely questions of law.