Calcutta High Court
Smt. Jayasree Tagore & Ors vs State Of West Bengal & Ors on 23 October, 2009
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
WP No. 468 of 2009
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SMT. JAYASREE TAGORE & ORS.
Versus
STATE OF WEST BENGAL & ORS.
For the Petitioners : Mr. Soumen Sen, Advocate
Mr. Arindam Banerjee, Advocate
Ms. Debasri Dutta, Advocate
For the Respondents :
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE Date : 23rd October, 2009.
The Court : The respondents are not represented. No affidavit has been filed by any of the respondents notwithstanding directions having been given on June 15, 2009.
The petitioners complain of the inaction on the part of the Collector of Excise and the Excise Commissioner to take into account the objections given on behalf of the petitioners by a letter of September 18, 2008 to the continuation of a foreign liquor off shop in Ballygunge. The petitioners say that the license that has been granted in favour of the respondent no. 4 is in derogation of the provisions of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003. The petitioners say that the sites have to be chosen for foreign liquor off shops to be established upon strictly complying with the 2 requirements of Rule 8 of the said Rules. The petitioners say that in the case of the license issued in favour of the respondent no. 4 a number of the provisions have been breached and on account of, inter alia, educational institutions within the vicinity of the off shop, no license could have been granted to the respondent no. 4.
Since the respondents are not represented and have used no affidavit, W.P. No. 468 of 2009 is disposed of by directing the Collector of Excise, being the respondent no. 2 to consider the representation of September 18, 2008 made on behalf of the petitioners and pass a speaking order thereon after affording a representative of the petitioners and a representative of the fourth respondent an opportunity of hearing. The decision should be rendered within six weeks of the service of an authenticated copy of this order.
There will be no order as to costs.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) sg.