Calcutta High Court (Appellete Side)
Partha Sarathi Saha & Ors vs The State Of West Bengal & Ors on 2 August, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 28 02.08. W.P. No.14644 (W) of 2019 ns 2019 Partha Sarathi Saha & Ors.
Versus The State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya, Sr. Adv., Mr. S. Chakraborty, Ms. Tanusree Das ... for the petitioners. Mr. Abhratosh Majumdar, ld. AAG, Mr. Debasish Ghosh ... for the State.
The petitioners complain that, despite the order dated July 3, 2019 passed in WP No.11739(W) of 2019 directing the Excise Commissioner to reconsider his decision dated March 2, 2019 within a period of a fortnight from the date of communication of the order and despite the order dated July 3, 2019 being communicated, the Commissioner is delaying taking his decision.
Learned senior Advocate appearing for the petitioners draws attention of the Court to the order dated July 3, 2019 passed in the earlier writ petition of the writ petitioners and the subsequent order dated July 23, 2019 of the Excise Commissioner. He submits that, the Excise Commissioner is taking measures so as to ensure that, the temporary licence expires by efflux of time thereby 2 rendering the entire effort infructuous. He seeks appropriate directions.
Learned Additional Advocate General appearing for the State submits that, the apprehensions expressed on behalf of the petitioners are misplaced. The Excise Commissioner is required to take a decision after looking the records which the Excise Commissioner is doing. So far as the temporary nature of licence is concerned, the same can be looked into by the Excise Commissioner while deciding on the issue after considering the records. He submits that, three weeks time is required by the Excise Commissioner to take a decision. The petitioners, however, should cooperate with the Excise Commissioner.
In the facts of the present case, in my view, interest of justice would be subserved by requiring the Excise Commissioner to take a decision within three weeks as prayed for. He will communicate his decision to the petitioners. It is expected that the petitioners cooperate with the Excise Commissioner.
WP No.14644(W) of 2019 is disposed of. No order as to costs.
Urgent certified website copies of this order, if 3 applied for, be made available to the parties upon compliance of the requisite formalities.
( Debangsu Basak, J. )