Ashoke Saha v. State Of West Bengal And ORS.

19th Sept.,2025 Item no.M/L 1392 Court No. 14 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 7598 of 2023 In the matter of :

Ashoke Saha .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Sanat Kumar Roy Mr. Indranuj Dutta Mr. Atanu Basu Ms. Benezir Sk.

....Advocates For the State:

Mr. Tanoy Chakraborty ....Advocate For the Respondent nos. 6 & 9-12:

Mr. Anant Kr. Shaw Mr. Mainak Ganguly ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner is aggrieved by the issuance of license in favour of the private respondent no. 6.

3. Submission of the petitioner is that the excise license was initially issued in favour of his father and on his death, the license was issued in favour of his mother who also expired on 4th February, 2022.

4. Grievance of the petitioner is that after the death of the mother, the license has been surreptitiously issued in favour of the respondent no. 6 without granting any

opportunity of hearing to the other heirs and legal representatives of the deceased.

5. Prayer has been made to consider the claim of the petitioner for issuance of license.

6. Learned advocate representing the private respondents submits, upon instruction that, the license was issued in favour of the respondent no. 6 on the request made by the mother of the parties during her lifetime.

7. The license of the private respondent no. 6 which is annexed to the writ petition was valid from 1st April, 2021 till 31st March, 2022.

8. It appears that the decision to issue the license in favour of the private respondent no. 6 was as per the request of the licensee during her lifetime.

9. In view of the above, the Court does not find any error on the part of the respondent authority in issuing the license in favour of the private respondent. There is no reason to interfere in the instant writ petition.

10. The writ petition fails and is hereby dismissed.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)