DHIRENDRA NATH HAZRA Vs. COLLECTOR OF EXCISE

JUDGEMENT

(1.) THE facts in this case are shortly as follows: Since the year 1940, the petitioner had been working as Manager of a reputable firm of wine Merchants, viz. , Messrs. International Stores and Agency, carrying on business at premises No. 8, Bhupendra Bose Avenue, Calcutta. On or about the 16th December, 1957, notice was issued by the Collector of Excise, Calcutta, inviting applications from candidates for re-settlement of a Foreign Liquor Public "off" License shop, at premises No. 15, Syed Ameer Ali Avenue, Calcutta, for the remaining period of the year 1957-58 under the Bengal Fixed-Fee System. Pursuant to this notice, the petitioner made an application for the issue of a license to him on or about 2nd January, 1958. A copy of the petitioner's application is annexed to the petition and marked with the letter' "a". Apart from the petitioner, diverse other persons, viz. , Bhubaneswar Sarkar, Nemai Chandra Shaw, Narsingh Chandra Shaw the respondent No. 5 herein, Subarna Kumar Chatterji and others applied for a license in respect of the said shop. By his letter dated 17th May, 1958 the Collector of Excise, Calcutta, informed the petitioner that the vacant Foreign Liquor "off" license at premises No. 15, Syed Ameer Ali Avenue, Calcutta was settled with him, "provisionally", pending further enquiries as to his suitability for holding the license. He was directed to make the necessary deposit of security and fees and to take immediate steps to open the shop at the sanctioned site at premises No. 15, Syed Ameer Ali Avenue, Calcutta. On the same day, the Collector of Excise informed the Commissioner of Police, Calcutta that the vacant foreign liquor "off" license at No. 15, Syed Ameer Ali Avenue had been provisionally settled with Sri Dhirendra Nath Hazra, the petitioner herein. It was stated that the necessary police certificate might be issued in his favour on his applying for the same, if there was no objection from the police point of view. Pursuant to the said communication, the petitioner made the necessary deposits, but wrote to the Collector of Excise stating that he could not procure the old site at No. 15, Syed Ameer Ali Avenue, Calcutta but had acquired a very prominent site at premises No. 18/a, Syed Ameer Ali Avenue, Calcutta, which was just opposite to the previous site. On the 23rd May, 1958 the petitioner received what was described as a "parwana". It is in the following terms:-

(2.) THE said Bhubaneswar Sarkar Nemai Chandra Shaw, Narsingh Chandra Shaw and Subarna Kumar Chatterji, preferred appeals against the granting of the license in favour of the petitioner, to the Commissioner of Excise, West Bengal. The Commissioner, the respondent No. 2 herein, heard the said appeals and passed his order dated 29th September, 1958. A copy of the said order is annexed to the petition and included in annexure "a", at pages 6-7. The Commissioner stated that the Collector's order showed that Dhirendra Nath Hazra had been successfully and honestly conducting the "off" Foreign Liquor license styled "international Stores" for about 17 years as a salesman very satisfactorily. Hazra had stated that he was going to secure necessary finances from his wife, but the appellants averred that his wife was not in a position to furnish the necessary finance. The Commissioner stated that Hazra had been found acceptable to the Collector and he had per force to accept his view, but he proceeded to say as follows:

(3.) ON or about 17th December, 1958 the Collector made a report. The petitioner states that it was in his favour, but this is denied. On or about 10th March, 1959 the petitioner duly deposited a fee for Rs. 300/- in respect of the renewal of the said license for the year 1959-60, which deposit was accepted. Thereafter, the appellants preferred an application for revision of the order dated 29th September, 1958 passed by the Commissioner, to the Government of West Bengal, under section 8 of the Bengal Excise Act, 1909, being Bengal Act V of 1909 (hereinafter referred to as the 'act' ). On the 24th of April, 1959 the Government of West Bengal passed the following order:-