G.Mohan Das v. The Excise Commissioner And Others

16-02-2022 ct no. 13 Sl.1 sp High Court at Calcutta Constitutional Writ Jurisdiction (Circuit Bench at Port Blair) WPA 20 of 2022 (Through Video Conference) Shri G. Mohan Das -VersusThe Excise Commissioner, Andaman & Nicobar Administration & Ors.

Mr. Gopala Binnu Kumar ....for the petitioner Ms. Anjali Nag ...for the private respondent The private respondent is represented.

It is submitted that the order has been obtained by suppression of material facts and misrepresentation thereof.

Having heard Mr. Gopala Binnu Kumar, learned counsel for the petitioner and Ms. Anjali Nag, learned counsel for the private respondent, this Court is of the clear view that the Division Bench of this Court in its order dated September 10, 2021 passed in M.A. 18 of 2021 only set aside the direction passed by the Co-ordinate bench of this Court dated July 20, 2021 for a specific reason. The reason as recorded was that there was no proceeding taken out by the respondents.

While rejecting the prayer for restraint on the respondents from considering the representation

of the petitioner, the Co-ordinate bench could not have directed actual consideration of the representation filed by the private respondent, as per the Division Bench.

This Court is, therefore, of the view that there is no standing or continuous or permanent restraint on the State-respondents from effecting consideration of the private respondent's representation for transfer of Bar licence in her favour.

Needless to mention, the writ petitioner shall be entitled to raise any objection to such transfer since it is claimed that the petitioner is the actual owner of the Bar and Restaurant.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)