Bramhapada Halder & ANR v. State Of West Bengal & ORS

20.12.2021 gd/ssd WPA 29799 OF 2017 BRAMHAPADA HALDER & ANR.

VS THE STATE OF WEST BENGAL & ORS.

(Through Video Conference) Mr. Anirban Roy, Mr. Supratim Dhar ..for the State None present for the petitioners.

Record perused.

This petition was filed in the year 2017 seeking a direction to the respondent authorities not to grant/approval to issue licence for installation of Restaurant-Cum-Bar (Foreign Liquor) in the name and style "MON MASTI RESTAURANT" in favour of the private respondent at Milan More Bazar, P.S. Dholahat, District South 24-Parganas.

The grievance of the petitioners was that near the locality there is one 40 years old Kali Temple and one Masjid. Therefore, local people have objection in this regard.

Four years have passed after filing of the petition and no one is present on behalf of the petitioners to prosecute it, therefore, it is not known if the licence has already been granted.

Counsel for the State has informed that the

licence is granted only for one year.

In these circumstances, we deem it proper to dispose of the petition granting permission to the petitioners to file an appropriate complaint before the respondent no.4/the Deputy Commissioner of Excise, in case, if the liquor licence has been granted to the said private respondent for the current year. On filing of the said complaint the respondent no.4 will duly examine the grievance of the petitioners and take an appropriate decision in accordance with law after giving an opportunity of hearing to all the concerned parties. Petition is accordingly disposed of.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)

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