Ganguly, J. - (1.) This Public Interest Litigation has been filed by Asian Village Society (hrerinafter called the petitioner), a Society registered under the West Bengal Societies Registration Act, challenging, inter alia, the decision of the Excise Authorities to allow the manufacturers of Indian Made Foreign Liquor (IMFL) to sell liquor in recycled bottles. In the writ petition the petitioner, has described itself as a non-Goyernment self-dependent educational and Technological Service Organisation with a spirit for public welfare. It has also been stated that the petitioner filed the Public Interest Litigation in the interest of consumers of IMFL as such consumers are unaware of the quality of bottles used by IMFL manufacturers. As such, the consumers of IMFL very often contact diseases by consuming liquor from such bottles. In a civilised society it is necessary to protect the interest of the members of the public who are unaware of the dangers involved in the reuse of old bottles. It has also been stated that the petitioner has no personal interest and the Public Interest Litigation has been filed in the interest of public who cannot individually come and ventilate their grievances. These averments have been made in Paragraphs 35 and 37 of the writ petition justifying the filing of the Public Interest Litigation,
(2.) The basic facts in this case are as follows :- By a Notification dated 21st January, 2003 published in the Official Gazette it was stated that all IMFL manufacturers shall use new bottles for IMFL and it appears from the affidavit of the Excise Commissioner that the said order was issued in public interest. Thereafter, the said Notification dated 21st January, 2003 was kept under suspension by a subsequent order dated 27th July, 2003 and such suspension has been continued from time of time. Ultimately by an order dated 8th March, 2005, which has been issued by the Excise Department, Government of West Bengal, it has been ordered that the initial Notification dated 21st January, 2003 shall remain suspended until further orders. It was also stated by the Government Order dated 8th March, 2005 that the previous Government Orders dated 29th July, 2003 and 26th March, 2004 are ratified.
(3.) The subject-matter of challenge in this Public Interest Litigation is the correctness or legality of the subsequent orders dated 29th July, 2003 and 26th March, 2004 as also 8th March, 2005 by which the initial order of 21st January, 2003 has been suspended.;