- (1.) The petitioner, pursuant to a notice inviting application for grant of licence for retail sale for consumption of country spirit, applied for "off" and "on" shop at Sonepur Bazari, Burdwan. After considering the applications, a lottery was held. Admittedly the petitioner stood second and the respondent No. 4 stood first on the panel. By memo No. 995/E (W) dated 1.6.2001 a communication was made on behalf of the respondent No. 3 to the petitioners. The relevant portion of the memo dated 1.6.2001 is as under:- "In reference to your application for grant of licence for retail sale of Country Spirit for consumption "off" and "on" the premises at Sonepurbazari he/is/informed that in the panel of the lottery, his/their position is first/second/third. He/is/directed to submit sitesforthe said licence within seven days. It may be noted in this connection that the offer for licence will be date to the first man in the panel first, provided his site is acceptable and his antecendents are satisfactory. In case the No. 1 fails, the offer will be made to the second man on the above conditions. Similarly, if the No.,2 is not found fit, the offer will be made to the third man provided he complies with the above conditions. In case the third man in the panel also fails, the matter will be referred to the Excise Commissioner, West Bengal. Addl. District Magistrate & Collector, Asansol"
(2.) The petitioner enquired and came to learn as the respondent No. 4 stood first and was found fit, the licence was going to be granted to him. Subsequently, the petitioner came to know that though the said respondent stood first, no shop of country spirit had been opened.
(3.) Thereafter, the petitioner by letter dated 29.8.2003 demanded justice. Since the respondent No. 4 had not opened the shop, the petitioner called upon the respondent Nos. 2 and 3 to grant licence in favour of the petitioner as he stood second on the panel.;