Sujit Kumar Saha v. State Of West Bengal And ORS.

30.08.2022 sayandeep Sl. No. 31 Ct. No. 05 WPA 18696 of 2022 Sri Sujit Kumar Saha -Versus- The State of West Bengal & Ors.

Mr. Supriya Roy Chowdhury Mr. Sagnik Chatterjee ..... for the petitioner Mr. Raja Saha Mr. Shuvro P. Lahiri ....for the respondents The grievance of the petitioner arises out of a letter of 19.07.2022 passed by the Superintendent of Excise by which the petitioner was asked to furnish a no objection from the petitioner's married daughter in the form of an affidavit for processing the application of the petitioner for change in management of a liquor shop. According to learned counsel appearing for the petitioner, the superintendent has no authority to ask for any such clearance from the other legal heirs of the petitioner. Counsel relies on two orders passed by coordinate Benches of this Court on the issue. Although one of the orders is distinguishable on facts, this Court is of the view that the concerned respondents may consider the orders in processing the application of the petitioner.

WPA 18696 of 2022 is disposed of with the direction on the respondent Nos. 3 and 4 to comply the

process of the petitioner's application within a period of four weeks from today.

The concerned respondent shall also consider the orders passed by the Court in processing the application.

(Moushumi Bhattacharya, J.)