- (1.) In response to an advertisement dated November 24, 2004 inviting applications for grant of foreign liquor off shop licence, inter alia, within the local limits of Burdwan Municipality, the petitioner had offered his candidature vide application dated December 14, 2004. It was accompanied by the requisite fees of Rs.12,000/-. The petitioner's application having been found to be in order, he was called upon to participate in a lottery along with other eligible candidates. Fortune smiled on the petitioner at the draw of lots. He was selected for grant of licence and called upon to indicate the site of the proposed 'off shop'. Two sites were indicated by him. Enquiry was conducted in respect of the first site by the Deputy Excise Collector, Sadar Range, Burdwan East Area, Burdwan. In his report dated September 27, 2005, the enquiry officer observed that the proposed site was free from any restriction under Rule 8 of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 (hereafter the 'New Sites Rules'). The District Magistrate and Collector, Burdwan (hereafter the Collector), being the licensing authority, thereafter confirmed to the petitioner vide memo dated November 14, 2005 that a licence is being granted to him. Licence in Form X bearing no. 17/2005 dated November 14, 2005 was ultimately issued. The petitioner started business a few days thereafter and till almost the middle of 2011, there was no interference from any quarter. This position has been admitted by the official respondents even in their affidavit-in-opposition to the writ petition.
(2.) The records reveal lodging of complaints by the respondents 4 and 5, beginning from August, 2011. The first one dated August 11, 2011 was addressed by the respondent 4 and others to the President, Burdwan Minority Cell. The second one dated September 5, 2011, at the instance of the same complainants and bearing almost similar contents as the first one was addressed to the Collector. The respondent 5 was the author of the third complaint dated October 13, 2011, which was addressed, among other public authorities, to the Collector. The English translations of the second and third complaints referred to above, read as follows: "Date: 05.09.2011 I, Osman Gani Molla, Goda, Burdwan work in the Burdwan Court Compound premises and so I go to offer my namaz in Court Compound Mosque. In the year 2006, Badamtala Foreign Liquor Shop was set up within 900-950 feet of our Court Compound Mosque, without complying with any rules, but we did not raise any objection thereto at that time because we, that is to say, those of us who go to offer prayers, were not aware of the rule then, Memo No. 527 Dt. 02/04/04, which says there will not be any liquor shop within 1000 feet from the mosque. We have given an objection on 11/8/11. I give my objection again or make a prayer that the shop be removed elsewhere. I make a prayer that the shop be removed at other place because it is hurting our religious sentiment. Hence, Sir, we make a prayer and give our objection that the Badamtala Foreign Liquor Shop is hurting our religious sentiment. The Badamtala Foreign Liquor Shop be removed at some other place for the interest of public." "Date: 13/10/11 This is to submit that I, Syed Mussarat Ali of Bara Balidanga, Golahat, Bardhaman, regularly offer namaz at Court Masjid. On 8/10/11 having gone to offer Friday namaz I received a leaflet wherefrom I came to know that about four years ago a foreign liquor shop has come up at Badamtala within 850 feet of this Court Masjid. It is stated in the Government Order that no liquor shop could come up within 1000 feet (from the mosque). Although I am not personally inconvenienced, I am not raising here my personal interest. Being concerned about the Muslim Community, my contention is why should the liquor shop be near our mosque? The liquor shop being located near our mosque means our religion is being denigrated. Hence, Sir, I humbly appeal to you to have the foreign liquor shop at Badamtala removed elsewhere from Court Masjid as per Government Rules."
(3.) The complaints were directed by the Superintendent of Excise, Burdwan East Area to be enquired into by the Deputy Excise Collector. The report dated September 21, 2011 of the Deputy Excise Collector in its entirety, is extracted below : Sub: Inquiry Report on objection of one Osman Gani Mollah, relating to location of one F.L off shop of Sri Asutosh Ghosh at Mouza: Nari, under Burdwan Municipality. Sir, I have been directed by your good honour to inquire into the petition containing objection surfaced by one Osman Gani Mollah who offers 'Namaz' on a regular basis in a 'Masjid', located in a close proximity to one F.L. Off shop at the aforenoted place of subject. The distance of the shop from the 'Masjid' as noted in that very petition is within 1000.0 ft. The petitioner has reiterated that grant of an excise license at such a distance is not desirable in terms of provision of Notification 527 EX dtd. 02.04.2004. He further mentioned that existence of the liquor shop at such a close distance from the age old 'Masjid' has been hurting their religious sentiment and the same may be ordered for shifting to other place. Based on the contents of the petition, the inquiry has been made. The findings of the same are enumerated below: 1. As the petitioner had not mentioned his address, he could not be contacted for further queries, rather the stress was given on his prayer to verify whether it was genuine or not; 2. At first the distance between the two concerned points i.e. the Masjid and the F.L. 'Off' was measured and found the same as 900.0 ft. (app). The measurement was done as per provision of Govt. Notification 411Ex. Dtd: 04.03.2005; 3. The license was granted to Mr. Asutosh Ghosh vide license No. 17/2005 dtd: 14.11.2005 at mouza: Nari, Dag No: 395/3891, Kh. No. 1713 under ward No. 5 of Burdwan Municipality; 4. Before granting the license regarding suitability of the site proposed by the winner of the lottery held for the purpose of granting some excise licenses in 2005, an inquiry was made under provisions of Govt. Notification 800 Ex dtd: 29.07.2003 as amended upto to the time of inquiry; 5. It may be borne into mind that with advent of Notification 527Ex dtd: 02.04.2004, that restriction as imposed under rule 8 of 800 Ex is attracted in the event of granting an excise license for retail sale of intoxicants if the proposed site is situated within a distance of 1000.0 ft. from a traditional place of public worship; 6. Traditional place of public worship has been defined under the said notification considering the age of that place beyond 20 years and during inquiry it is considered that whether puja/prayer etc. take place there on a regular basis or not; 7. As regards to this instant case the masjid concerned carries an age of above 20 years and religious people offer 'namaz' regularly. It may be defined as a traditional place of public worship. The aforesaid findings with the original inquiry report made during maiden grant of the license is submitted before you for information and taking necessary action.;