Pradip Kumar Roy v. State Of West Bengal And ORS.

28.06.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 10826 of 2024 Pradip Kumar Roy -versus The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit, Ms. Bidisha Chakraborty.

...For the Petitioner.

Mr. Amal Kumar Sen, Ld. AGP, Mr. Lal Mohan Basu.

...For the State.

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

The petitioner is unable to open his foreign liquor on shop despite having a valid licence and despite direction for providing police protection at the time of opening of the shop. The shop in question is an existing one which had to be closed down for some legal issues and the keys of the shop were handed over to the petitioner for safe custody. On 18th January, 2024, hearing was conducted and the Collector permitted the petitioner to reopen the shop.

The report of the Superintendent of Excise, North 24-Parganas (Rural) & Joint Commissioner of Revenue dated 23rd April, 2024 produced before this Court mentions that on 27th January, 2024, the DEC/Bangaon Range along with OC Excise Bangaon

Circle and staff went to open the shop but failed to do so because of huge of public disturbance.

Fact remains that the petitioner has a valid licence with which he is entitled to run his business in accordance with law. The police ought to provide necessary security to the petitioner so that he can run his business.

The Inspector-in-Charge, Bongaon Police Station is directed to deploy adequate police personnel and ensure that the petitioner is able to open his shop and run his business peacefully without obstruction and/or resistance from any third party. If required, the I/C, Bongaon Police Station may seek for additional police force from his superior authority for implementing the direction of the Court. Steps shall be taken in the matter at the earliest but positively by 21st July, 2024. Report filed by the Superintendent of Excise, North 24-Parganas (Rural) & Joint Commissioner of Revenue is taken on record.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)