TAPAN KUMAR DARI Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-4-18
HIGH COURT OF CALCUTTA
Decided on April 02,2018

Tapan Kumar Dari Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Shekhar B. Saraf, J. - (1.) The petitioner appears in person and submits that his application for renewal of permission under Rule 239 of West Bengal Excise (Foreign Liquor) Rules, 1998 for holding live band performance in the bar-cum-restaurant has not been granted.
(2.) Mr. Anupam Chakraborty, Senior Law Officer, Finance Department, Government of West Bengal submits that the petitioner has been show-caused with a notice dated March 22, 2018 due to an untoward incident that has taken place on March 11, 2018. He has been summoned to appear on April 3, 2018 to explain the above incident that has taken place. It is his submission that the permission granted under Rule 239 of West Bengal Excise (Foreign Liquor) Rules, 1998 is a privilege that can be taken away in the event of untoward incidents that takes place in the premises of the writ petitioner.
(3.) The jurisdiction of this High Court is a discretionary and an extraordinary one under Article 226 of the Constitution of India. In the present facts and circumstances, as show cause has been issued against the petitioner, this court feels that there is no need to interfere in the above matter at this stage. The court expects that a proper hearing shall be provided by the respondent authorities to the writ petitioner and a reasoned order be passed subsequently.;


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