- (1.) The present appeal is directed against the order of the Learned Single Judge at the instance of the State. In brief the facts that led to the filing of appeal are to the effect that the respondent writ petitioner was carrying on business of running foreign liquor off shop right from 2005 onwards. In 2011 he sought for shifting of his business premises from Original Site to another site at Plot No.280/575, L.R. Plot No.501 (P), Khatian No.13, J.L. No.171, Mouza Keranitola, P.S.-Kotwali (hereinafter referred to as the 'new site'). Of Course this was by an application to the concerned authority. Initially such permission was granted by Memo dated 18.02.2013 issued by Superintendent of Excise, the second appellant herein. Subsequently, a mass petition was submitted that the 'new site' in question was approved in violation of restrictions imposed 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 (hereinafter referred to as the rules). On the basis of such complaint an enquiry was conducted and thereafter by impugned memorandum dated 06.09.2013, the operation of the foreign liquor shop of the writ petitioner at the 'new site' was directed to be closed with immediate effect. However, liberty was given to the respondent/writ petitioner to submit an application afresh for shifting of his side to a restriction free area. An appeal came to be filed by the writ petitioner to the District Magistrate which went in vain. Finally he chose to challenge the impugned memorandum dated 06.09.2013 in the present writ petition.
(2.) The writ petition was seriously contested by the respondents not only by submitting arguments but also by filing affidavit-in-opposition. The official appellants relied on a report dated 29.08.2013 of the Additional Superintendent of Excise Medinipur (West) and Deputy Commissioner and Excise which indicated that the 'new site' was within the restricted area envisaged under rule 8 of the rules.
(3.) However, the learned Single Judge by order dated 24.12.2013 appointed a Special Officer in order to ascertain status, existence and distance of areas/institutions cited by the appellants for cancellation of license from the site in question. Pursuant to such direction a report dated 08.11.2014 was submitted by the Special Officer wherein it was mentioned that the 'new site' was within 1000 feet of the following institutions namely Lion K.G. School, Netaji Subhas Open University, Spandan Hospital and Ex-service man's Contributory Health Service Poly Clinic (OPD) but was at a distance of 1100 feet from a Mazar. Another report dated 14.11.2014 submitted by Superintendent of Excise, Paschim Medinipur was also available upon which the appellants placed reliance wherein it was stated that the Mazar was within 1000 feet from the "new site".;