SUMITA DUTTA Vs. PRINCIPAL SECRETARY OF EXCISE & ORS
LAWS(CAL)-2018-5-63
HIGH COURT OF CALCUTTA
Decided on May 16,2018

SUMITA DUTTA Appellant
VERSUS
Principal Secretary Of Excise And Ors Respondents

JUDGEMENT

Jyotirmay Bhattacharya, C.J. - (1.) This mandamus appeal is directed against an order dated 28th July, 2017 passed by the learned Single judge of this Court in a writ petition being W.P. No.31007 (W) of 2014 filed by the respondent nos. 4, 5 and 6 herein.
(2.) The impugned order was passed in the following set of facts.
(3.) The appellant herein made an application for grant of licence for operating a liquor 'On Shop' under the Bengal Excise Act, 1909 from his rented premises at Mandeville Gardens on 10th March, 2004. The appellant's said application was considered by the concerned authority under the said Act in the light of the direction passed by a learned Single Judge of this Court on 11th October, 2004 in a writ petition being W.P. No. 17283 (W) of 2004 filed by the private respondents herein. Prayer for grant of licence for running such shops by the petitioners at the said premises was allowed by the concerned authority vide order dated 30th December, 2009, by ignoring the objection of the private respondents being the co-owners of the premises who refused to give consent for running the said business by the petitioner from their premises.;


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