DAKSHIN KALIKATA SANSAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Dakshin Kalikata Sansad is a sports club. Like many of its ilk dotting the Maidan and the area around the Dhakuria Lakes, the Sansad apparently set about to expand the area of its activity. In addition 'to the tennis courts, it added a watering whole - a swimming pool. It then ventured to the edge of sports to serve alcoholic refreshments to its apparently sporting members and ran into a volley of opposition from the municipal corporation.

(2.) IN W.P. No. 825 of 2008 the Sansad and its secretary challenge letters dated April 30, 2008 and May 7, 2008 issued by the Collector of Excise, Kolkata (South). On May 16, 2008 an interim order was made on the first petition directing the excise authorities to not coerce the petitioners to close down the bar. By an order of June 3, 2008 the petitioners were granted liberty to appear before the relevant collector in pursuance of the notice dated May 7, 2008, without prejudice to the petitioners' rights and contentions. The collector was permitted to pass an order but "the final decision, if adverse to the interest of the petitioner(s), (was) not (to) be given effect to without obtaining leave from Court." On July 1, 2008 the interim order was extended for a month and the excise authorities were directed to produce the complaint lodged by the corporation on the basis of which an order of June 20, 2008 was made by the relevant collector. The interim order stood extended on July 18, 2008 and was continued till the disposal of the petition by an order of September 19, 2008. Some of the respondents have applied, by G.A. No. 226 of 2009, for the collector's order to be enforced.

(3.) THE first petitioner is a registered society tracing its history to the year 1928 and claiming to be affiliated to the Indian Football Association, the Cricket Association of Bengal, the Bengal Tennis Association and the Bengal Table Tennis Association. The petition says that "since its inception the petitioner No. 1 took over a land within Deshapriya Park (Western side) from the ... Corporation ... and has been continuing in possession from 1928 as a long term Lessee." The petitioners say that the club has regularly paid in rent of Rs. 1980/ - per year. The eulogy in the opening paragraphs of the petition recounts the perceptible achievements of the club and builds up the apparent coup in the club obtaining a licence for its watering hole in the year 2005. The petitioners say that due permission was obtained from the Commissioner of Kolkata Police for such purpose and refer to the renewal for the subsequent years granted by the excise authorities.