- (1.) THIS Appeal is directed against the Judgment/order dated 1. 8. 2003 passed by a learned Single Judge of this Court in W. P. No. 2293 (W) of 2003 whereby and whereunder he was pleased to dismiss the Writ petition filed by the Appellants.
(2.) THE Appellants had filed the aforementioned Writ Petition before this Court against a decision taken by the State Respondents on 3rd January, 2003 issued under Memo No. 10-Ex/o/5a-31/02 purporting to have been issued under the Seal and Signature of the Deputy Secretary, Department of Excise, government of West Bengal, whereby and whereunder, in partial modification of an earlier Order dated 18. 12. 2002, he stated that he had been directed to state that the Government had decided not to apply Rule 8 upon the Private respondents who were the erstwhile licensees of 50? U. P. Rum and Beer while considering the sanctioning of Foreign Liquor "off" License to them at their existing sites. The reference to Rule 8 made therein was in relation to the West Bengal Excise (Selection of New Sites and Grant of License for retail Sale of Spirit and Certain Other Intoxicants) Rules, 1993 (hereinafter referred to for the sake of brevity and precision as the 1993 Rules ).
(3.) THE genesis of this case lies in an Order of the Hon'ble Supreme court of India passed on 10th April, 2002 in Civil Appeal No. 3195 of 2002 (State of West Bengal and Anr. v. Madan Mohan Ghose and Ors. ). The said Order finds place at running page 41 of the Paper Book and upon a perusal thereof, it is evident that the Apex Court passed the Order on the basis of an Appeal having been preferred by the State of West Bengal against a Judgment of a division Bench of this Court passed on 17. 8. 2001. A photocopy of the aforementioned Judgment dated 17. 8. 2001 was produced before this Court. The facts as would appear from the submissions made by the learned Counsel appearing on behalf of the respective parties and the materials on record are stated hereinafter.;