SRI TAPAN KUMAR DARI Vs STATE OF WEST BENGAL & ORS.

Calcutta High Court 2 Apr 2018 W. P. 4500 (W) of 2018 (2018) 04 CAL CK 0089
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

W. P. 4500 (W) of 2018

Hon'ble Bench

SHEKHAR B. SARAF, J

Advocates

Anupam Chakraborty

Final Decision

Dismissed

Acts Referred
  • Constitution of India, 1950 - Article 226
  • West Bengal Excise (Foreign Liquor) Rules, 1998 - Rule 239

Judgement Text

Translate:

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.

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.

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.

In view of the above, the writ petition is dismissed without any order as to costs.

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