Calcutta High CourtWPA/7807/2025disposed

Pallab Chakraborty v. The State Of West Bengal And ORS.

2025-07-29Hon'Ble Justice Amrita Sinha2 pages

D/L 20 29.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 7807 of 2025 Pallab Chakraborty Vs.

The State of West Bengal & Ors.

Mr. Jagabandhu Roy Mr. Shamik Bagchi ...for the Petitioner.

Mr. Tanoy Chakraborty Mr. Saptak Sanyal ...for the State.

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

2. The petitioner is aggrieved by the order passed by the Excise Commissioner on 26th November, 2024 rejecting the petitioner's proposal for shifting of the site for operating the liquor shop duly affirmed by the order of the Additional Chief Secretary, Finance Department on 4th March, 2025.

3. Both the authorities opined that the site offered by the petitioner was not in accordance with the Rules.

4. The petitioner was granted opportunity to offer a fresh site within three months without any further extension of time at any other location preferably in any gram panchayat area within the same district where there is no licensed shop at present.

5. The time within which the fresh site was to be offered has expired. In the meantime the license issued in favour of the petitioner has expired.

6. The petitioner prays for renewal of the license.

7. Learned advocate representing the State respondents submits that the license without a site will be useless.

8. The petitioner has already deposited the renewal charges.

9. In view of the above, the instant writ petition is disposed of by granting liberty to the petitioner to offer a fresh site within three months from date over which the license may be issued. The authority shall inspect the site and decide whether the same is in conformity with the Rules or not.

10. If it appears that the site is in conformity with the Rules, then necessary steps for renewal of the petitioner's license shall be taken by the authority.

11. The writ petition stands disposed of.

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

(Amrita Sinha, J.)