- (1.) The grievance of the petitioners is that the private-respondent has been allowed to open a foreign liquor 'off shop despite the private respondent not complying with the stringent conditions set by the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003. The petitioners' specific grievance is that the shop operated, or proposed to be operated, by the private-respondent does not comply with the conditions set under Rule 8 of the 2003 Rules.
(2.) Both the State and the private-respondent are represented. The private-respondent says that a licence already stood issued in favour of the private-respondent but for some reason the shop had not been permitted to be operated. According to the private-respondent, she was constrained to institute W.P. No.2610 (W) of 2009 which was disposed of by an order of March 3, 2009. The order of March 3, 2009 proceeded on the premise that a valid licence was issued in favour of the private respondent herein for the purpose of operating the shop.
(3.) The State says that it is in pursuance of the direction contained in the order dated March 3, 2009 that the Collector has permitted the private respondent to open the 'off' shop.;