Sri Chandan Samanta vs The State Of West Bengal & Ors
2021 Latest Caselaw 165 Cal

13th January,
 2021
 (AK)
 19

                                    W.P.A 721 of 2021

                                   Sri Chandan Samanta
                                             Vs.
                               The State of West Bengal & Ors.


                              Mr. Supriyo Ray Chowdhury
                              Ms. M. Ray Chowdhury
                                                    ...For the Petitioner.

                              Mr. Suman Sengupta
                              Mr. Sanatan Panja
                                                     .....For the State.




                     The petitioner complains that, despite having given

                representations for conversion of the petitioner's shop to

                a Foreign Liquor Off Shop from a "50 degree Up Rum beer

                Shop", the respondent authorities are sitting tight over

the matter.

Such representations of the petitioner are annexed

at page-16 and page-18 of the writ petition.

Learned counsel for the petitioner places reliance on

Rule 4(b) of the West Bengal Excise (Selection of New

Sites and Grant of License for Retail Sale of Liquor and

Certain Other Intoxicants) Rules, 2003 as well as Rule

13(3) of the said Rules to argue that the petitioner is

entitled to such license.

Learned counsel for the petitioner also cites an

unreported judgment dated January 30, 2017 passed by

a coordinate bench in W.P. No. 28097 (W) of 2013, where

the scope of grant of such license was elucidated.

However, since an adjudication on the merits of the

petitioner's contentions would be a premature exercise at

this juncture, W.P.A. 721 of 2021 is disposed of by

directing the respondent no. 3 to consider the

representations of the petitioner, annexed at page-16 and

18 of the present writ petition, within a fortnight from

date, if necessary upon asking the petitioner to furnish

requisite documents in support of his representation, and

to intimate the decision arrived at by respondent no.3 on

the representations to the petitioner at the earliest

thereafter.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for,

be given to the parties upon compliance of all requisite

formalities.

(Sabyasachi Bhattacharyya, J.)