Soumitra Sen, J. - (1.) Both the appeals have been filed against the impugned judgment dated 20th November, 2002 whereby the learned Judge has been pleased to uphold the order of the Excise Commissioner whereby the said Commissioner set aside the grant of off shop foreign liquor licence in favour of M/s. Ashirbad and directed fresh lottery to be held. The facts of the instant case are as follows.
(2.) On 10th of August, 2000, an advertisement was published in the newspaper inviting applications for grant of off shop foreign liquor licence at a specified location namely, Chanchol, Durgabari Road, Galaxy Market Complex, District Malda. Pursuant to such advertisement both the appellants and one Maa Tara Enterprises together with other applicants submitted their applications in accordance with West Bengal Excise (grant of licence for the manufacture of liquor and capsule bottle and country spirit and sale by whole sale) Rules, 1998. Preliminary scrutiny of the applications were made by the Collector of the concerned District namely, Malda. Thereafter, in accordance with rules the applications were forwarded to the Directorate of State lottery for the holding a lottery. On 5th of February, 2001, the lottery was held and a panel of 3 candidates was prepared in which Baba Loknath Enterprises stood first, Ashirbad stood second and Maa Tara was the third candidate.
(3.) In accordance with rules the candidature of all the three candidates were thereafter required to be examined and in case of ineligibility of the first candidate the second candidate was required to be chosen and in case the second was found to be ineligible, the third candidate was to be considered for grant of licence in the event if all the three candidates were found to be ineligible, fresh selection procedure de novo was required to be started.;