Parikhit Pramanick And ORS. v. State Of West Bengal And ORS.

D/L 16 10.06.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 8021 of 2025 Parikhit Pramanick & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Jaydip Kar, Sr. Adv.

Mr. Niloy Sengupta Mr. Mohit Gupta Ms. Suparna Das Ms. Sunanda Samanta ...for the Petitioners.

Mr. Jayanta Samanta Ms. Indumouli Banerjee ...for the State.

Mr. Jit Ray ...for the Respondent No.13.

Mr. Mani Sankar Chatterjee Mr. Sandip Mondal ...for the Respondent nos. 5-9,14,16&17..

1. The notification dated 8th May, 2025 published by the Finance (Revenue) Department with regard to the amendment made in the West Bengal Excise (Transfer of License) Rules, 2023 has been placed before this Court.

2. It appears that there is a provision for settlement of inter se dispute in between the heirs of the deceased licensees as regards issuance of licence.

3. Learned counsel for the petitioners submits that the issue relating to grant of licnece is pending consideration at the end of the Collector.

4. The Collector is directed to afford a reasonable opportunity of hearing to all the necessary parties and thereafter take a decision in the matter in accordance with the amended rules.

5. Till a final decision is taken by the Collector, the Collector shall make necessary interim arrangement so that the business can run smoothly.

6. The parties are directed to cooperate in the decision making process by the Collector. A decision shall be taken by the Collector in the matter at the earliest but positively within a period of eight weeks from the date of communication of the this order.

7. It has been brought to the notice of the Court that a Suit inter se the parties is pending adjudication before the Civil Court and joint receivers have been appointed to take care of the sale proceeds. It will be open for the parties to approach the civil Court with any issue relating to accounts of the business.

8. The writ petition stands disposed of.

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

(Amrita Sinha, J.)