Arijit Banerjee, J. - (1.) The writ petitioner/appellant applied to the authorities for a Foreign Liquor On-shop licence. The application was rejected in the year 2014 on the ground that there was a temple within the prohibited distance. In 2017, the appellant made a representation for reconsideration of the order rejecting his application for licence. Alleging that such representation was not being considered, the writ petitioner/appellant approached the learned Single Judge by filing W.P. 24481(W) of 2017. The learned Single Judge dismissed the writ petition observing that firstly, there was undue delay on the part of the writ petitioner in approaching Court and secondly, there was an alternative efficacious remedy of appeal under the statute in question. Being aggrieved, the writ petitioner is before us by way of the present appeal.
(2.) We have heard learned counsel for the parties. We are in complete agreement with the learned Single Judge. Not only was there inordinate delay on the part of the writ petitioner in approaching Court, the writ petitioner did not avail of the alternative statutory remedy. The Writ Court does not help the indolent. We have no reason to interfere with the order impugned.
(3.) At this point, learned counsel for the writ petitioner/appellant submits that the appellant herein has filed an appeal under Section 8(2) of the Bengal Excise Act, 1909 before the learned Appellate Authority being the Commissioner of Excise, Kolkata. The time period prescribed for filing such appeal is one month from the date of the order impugned. The appeal has been filed way beyond the time period prescribed. However, for the ends of justice, we permit the appellant herein to file an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal before the Commissioner of Excise within a week from date. If such application for condonation of delay is filed within a week from date, the same shall be considered by the Commissioner of Excise in accordance with law and after giving reasonable opportunity of opposing such application to the State authorities.;