- (1.) THE facts in this case are shortly as follows: Since the year 1940, the petitioner had been working as Manager of a reputable firm of wine Merchants, viz. , Messrs. International Stores and Agency, carrying on business at premises No. 8, Bhupendra Bose Avenue, Calcutta. On or about the 16th December, 1957, notice was issued by the Collector of Excise, Calcutta, inviting applications from candidates for re-settlement of a Foreign Liquor Public "off" License shop, at premises No. 15, Syed Ameer Ali Avenue, Calcutta, for the remaining period of the year 1957-58 under the Bengal Fixed-Fee System. Pursuant to this notice, the petitioner made an application for the issue of a license to him on or about 2nd January, 1958. A copy of the petitioner's application is annexed to the petition and marked with the letter' "a". Apart from the petitioner, diverse other persons, viz. , Bhubaneswar Sarkar, Nemai Chandra Shaw, Narsingh Chandra Shaw the respondent No. 5 herein, Subarna Kumar Chatterji and others applied for a license in respect of the said shop. By his letter dated 17th May, 1958 the Collector of Excise, Calcutta, informed the petitioner that the vacant Foreign Liquor "off" license at premises No. 15, Syed Ameer Ali Avenue, Calcutta was settled with him, "provisionally", pending further enquiries as to his suitability for holding the license. He was directed to make the necessary deposit of security and fees and to take immediate steps to open the shop at the sanctioned site at premises No. 15, Syed Ameer Ali Avenue, Calcutta. On the same day, the Collector of Excise informed the Commissioner of Police, Calcutta that the vacant foreign liquor "off" license at No. 15, Syed Ameer Ali Avenue had been provisionally settled with Sri Dhirendra Nath Hazra, the petitioner herein. It was stated that the necessary police certificate might be issued in his favour on his applying for the same, if there was no objection from the police point of view. Pursuant to the said communication, the petitioner made the necessary deposits, but wrote to the Collector of Excise stating that he could not procure the old site at No. 15, Syed Ameer Ali Avenue, Calcutta but had acquired a very prominent site at premises No. 18/a, Syed Ameer Ali Avenue, Calcutta, which was just opposite to the previous site. On the 23rd May, 1958 the petitioner received what was described as a "parwana". It is in the following terms:- "sri Dhirendra Nath Hazra is hereby allowed provisionally to carry on foreign liquor 'off' business at 18-A, Syed Ameer Ali Avenue, Calcutta with effect from 23rd May, 1958, pending production of Police Certificate and decision of Excise Licensing Board, Calcutta about the opening of the Foreign Liquor 'off' shop at the new site at 18-A, Syed Ameer Ali Avenue, Calcutta. " This "parwana" was issued by the Collector of Excise, Calcutta. The petitioner thereupon began to carry on the shop at the said premises No. 18-A, Syed Ameer Ali Avenue, Calcutta.
(2.) THE said Bhubaneswar Sarkar Nemai Chandra Shaw, Narsingh Chandra Shaw and Subarna Kumar Chatterji, preferred appeals against the granting of the license in favour of the petitioner, to the Commissioner of Excise, West Bengal. The Commissioner, the respondent No. 2 herein, heard the said appeals and passed his order dated 29th September, 1958. A copy of the said order is annexed to the petition and included in annexure "a", at pages 6-7. The Commissioner stated that the Collector's order showed that Dhirendra Nath Hazra had been successfully and honestly conducting the "off" Foreign Liquor license styled "international Stores" for about 17 years as a salesman very satisfactorily. Hazra had stated that he was going to secure necessary finances from his wife, but the appellants averred that his wife was not in a position to furnish the necessary finance. The Commissioner stated that Hazra had been found acceptable to the Collector and he had per force to accept his view, but he proceeded to say as follows: "as to the other point, we are interested in seeing that money is not borrowed for running the license at Syed Ameer Ali Avenue on such forms as would give the lender a hold on its management and a share in the profits. I would request the Collector to make an enquiry and satisfy himself on this point. . . . . . . . . . . . . . . . . . . . In the circumstances, it is not possible to set aside the Collector's orders save and except if Collector's enquiry reveals that Sri Hazra has secured finances for the Ameer Ali Avenue shop on terms which the administration does not find desirable. Collector's report on this point is awaited. "
(3.) ON or about 17th December, 1958 the Collector made a report. The petitioner states that it was in his favour, but this is denied. On or about 10th March, 1959 the petitioner duly deposited a fee for Rs. 300/- in respect of the renewal of the said license for the year 1959-60, which deposit was accepted. Thereafter, the appellants preferred an application for revision of the order dated 29th September, 1958 passed by the Commissioner, to the Government of West Bengal, under section 8 of the Bengal Excise Act, 1909, being Bengal Act V of 1909 (hereinafter referred to as the 'act' ). On the 24th of April, 1959 the Government of West Bengal passed the following order:- "government have carefully considered the revision petition filed by Sri Nemai Chandra Shaw and others in the matter of settlement of the foreign liquor shop at 15, Syed Ameer Ali Avenue, Calcutta with Sri Dhirendra Nath Hazra and have examined the records of the case. Government are pleased to revise the decision of the Commissioner of Excise, West Bengal, as contained in his order dated 29th September, 1958 and to direct that the license of the aforesaid shop be settled with Sri Narsingh Chandra Shaw. " In this order, no mention is made of the Collector's order or to the report made by the Collector pursuant to the directions of the Commissioner,;