Jyotirmay Bhattacharya, J. - (1.) This Mandamus Appeal is directed against the judgement and/or order dated 11th August, 2015 passed by a learned Single Judge of this Court in a writ petition being W.P. 22905(W) of 2014 filed by the writ petitioner/appellant.
(2.) A question came up for consideration before the learned Writ Court as to which one of the two Rules would apply, i.e. the unamended Rules which were in force on the date of submission of such application by the appellant seeking grant of licence for running liquor on-shop or the amended Rules of 2003 which were in operation on the date when the order permitting the writ petitioner/applicant to run such liquor on-shop was in force.
(3.) The Writ Court, after considering the judicial pronouncements of the Hon'ble Supreme Court in this regard, held that the conclusion is irresistible that the authorities, under the Bengal Excise Act, 1909, were required to consider the writ petitioner's application in terms of the Rules prevalent on the date of its consideration. The Writ Court also held that the authorities did not act contrary to law in rejecting the writ petitioner's application for licence, although they might have been negligent in not considering the said application on their own; and did so only when prodded by this Court. The writ petition was thus dismissed by the learned Writ Court. The legality of the said judgement and/or order passed by the Writ Court is under challenge in this Mandamus Appeal before this Court.;