GURUPRASAD MITRA Vs. PRINCIPAL SECRETARY TO THE GOVT. OF W.B. & ORS.
LAWS(CAL)-2001-7-58
HIGH COURT OF CALCUTTA
Decided on July 27,2001

Guruprasad Mitra Appellant
VERSUS
Principal Secretary To The Govt. Of W.B. And Ors. Respondents

JUDGEMENT

S. Banerjee, J. - (1.) the instant writ application the writ petitioner inter alia, has challenged the order dated 26th August, 1998 passed by the Principal Secretary, Excise Department, Government of West Bengal, rejecting the representation of the petitioner for settlement of the Nagrakata Foreign Liquor Off Shop with him in a regular manner and on a permanent basis as also subsequent attempts of the respondents to settle the aforesaid off shop by inviting application there for through advertisement admittedly , the aforesaid Nagrakata Foreign Liquor Off Shop (hereinafter referred to as the said shop) was initially run by one Mrinal Kanti Chowdhury as a licensee and in the year 1974 -75 on cancellation of licence of said Mrinal Kanti Chowdhury, such licence was temporarily settled with the petitioner. The said licence was extended from time to time in favour of the petitioner as stop gap measure for indefinite period upto 31st March, 1978.
(2.) It is also not disputed that the licensing authority, the Collector and the District Magistrate, Jalpaiguri granted a regular licence to the petitioner in respect of the said shop for the period from 1st April, 1978 to 31st March. 1979. Admittedly, such regular licence thereafter was renewed from year to year and last of such renewal was made for the year ending 31st March, 1997.
(3.) Thus after the petitioner was issued with the regular licence for the period from 1st April, 1978 to 31st March, 1979 such regular licence was renewed by the respondents continuously without any interruption for a period of 18 years.;


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