ABHIK KUMAR SAHA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
ABHIK KUMAR SAHA
STATE OF WEST BENGAL
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Banerjee, J. -
(1.)Short question involved in this appeal is whether the Government is entitled to issue a supplementary licence to an existing licence holder under Rule 15(2) of the Bengal Excise Rules, 1993 or the under Rules 2003 when there had been restrictions imposed by the Government order that a person having excise licence is disqualified to apply for another excise licence at the new site.
(2.)The appellants are the existing excise licence holders for country spirit, Similarly the private/respondents. were having excise licence for Pachwai. By introduction of foreign liquor, country spirit as well as colour and flavoured spirit, pachwai has lost its business worth and as such the Government decided to give them supplementary licence to deal with country spirit as well as the country spirit licence holders were offered supplementary licence to deal with ram and beer. The present disputes pertain to these two groups of licence holders. According to the appellants the Government was not entitled to issue supplementary licence to the Pachwai licence holders to deal with country spirit. Hence, this writ petition.
(3.)The writ petition was heard and disposed of by Barin Ghosh, J. by his judgment and order dated March 13,2001 appearing at pages 238-261 of the paper book. His Lordship ultimately held that Rules do provide distinct method and manner of serving pachwai to consumers but that cannot stand in any way of permitting pachwai vendors to sale other intoxicating drinks.
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