KAMALA RESTAURANT & BAR Vs. LIEUTENANT GOVERNOR
LAWS(CAL)-2019-9-200
HIGH COURT OF CALCUTTA
Decided on September 02,2019

Kamala Restaurant And Bar Appellant
VERSUS
LIEUTENANT GOVERNOR Respondents

JUDGEMENT

Arindam Sinha, J. - (1.) This writ petition impugns reasoned order dated 19th November, 2018 whereby petitioner's claim for renewal of bar licence was rejected on, inter alia, following view expressed therein. "Now THEREFORE, in view of the above facts and materials on record and in exercise of the powers vested upon me under Clause 11.2 of the Excise Policy, 2013 of A and N Islands, I am of the considered view that renewal of subject bar licence will contravene the Clause 20 of the guideline dated 18.11.2008. Thus, the request of the writ petitioner for renewal of subject bar licence cannot be acceded to at this juncture hence, rejected and the bar licence no. 41-41/DC*N&MA)/LS-BL/12/1066 dated 04th April, 2013 granted to Shri A. Chinnaiah, S/o Alagu, Prop. of Kamala Bar and Restaurant at Rest Camp of Pahalgaon Panchayat under tehsil Mayabunder is hereby cancelled."
(2.) Mrs. Nag, learned advocate appears on behalf of petitioner and submits, this is third writ petition. On two earlier successive rejections on renewal, her client filed petitions before this Court and had those orders set aside. She draws attention to order dated 16th July, 2018, dealing with her client's second writ petition, which records that it is evident the Deputy Commissioner may have been influenced by the comments or observations of local Member of Parliament. She submits, impugned order should be set aside with direction upon the Authority to renew her client's bar licence.
(3.) She draws attention to guidelines notified on 18th November, 2008, issued by the Lieutenant Governor in exercise of power under rule 6 of Andaman and Nicobar Islands Excise Regulations, 2012 and in pursuance to writ Court's order dated 11th October, 2007 in WP 180 of 2007 (SSM Restaurant v. Lt. Governor). Her client obtained four renewals. On query from Court she submits, rule 19 in Andaman and Nicobar Islands Excise Regulations, 2012 talks about renewal.;


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