- (1.) THE appellant in the MAT is questioning a decision of a single Judge dated September 6, 2013 dismissing his WP No.19420 (W) of 2011 under Article 226 of the Constitution of India.
(2.) THE West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 were made by the Governor in exercise of statutory powers conferred by the provisions of the Bengal Excise Act, 1909. In r.8 of the rules the restrictions on grant of licence at certain new sites were mentioned.
(3.) ON March 6, 2006 the petitioner submitted an application under the rules for the grant of a Foreign Liquor 'On' Shop licence. On the basis of the application necessary inquiry was made. The officer concerned submitted his inquiry report dated July 5, 2006. Alleging inaction, the petitioner moved this court by filing a WP No.19892 (W) of 2007 under Article 226 of the Constitution of India. By an order dated November 23, 2007 a single Judge disposed of the WP directing the Collector to dispose of the application for licence within the time mentioned in the order. The Collector passed an order dated January 18, 2008. The relevant parts of the order are quoted below: ? "Hence after observing all the documents on record, I am of the opinion, that the enquiry report submitted by the Dy. Excise Collector is not complete and the no objection from Superintendent of Police is also required in this particular case. Hence, this application is disposed off with the observation that as per the existing incomplete report is not possible to recommend the case for grant of FL 'ON' shop and hence the application is rejected. The Excise Superintendent is at liberty to submit a complete report alongwith observation of the Superintendent of Police in this particular case and the case may be reexamined after such reports and observations. The applicant is also at liberty to file complete documents to the Excise department for helping them arrive at a conclusive and complete report on the matter." By a notification dated November 20, 2008 the Governor amended certain provisions of the 2003 Rules and by one of the amendments a sub -r.(3) was inserted after sub -r.(2) of r.8 of the rules. The inserted sub -r.(3) was to the effect that no licence for retail sale of liquor or any other intoxicants should be granted at a new site situated within 720 feet from the mid point of any "National Highway/State highway.";