Shubhro Kamal Mukherjee JUDGMENT
Shubhro Kamal Mukherjee, J.
1. This is an application under Article 226 of the Constitution of India challenging an order dated July 25, 2003 passed by the Excise Commissioner, West Bengal, affirming an order dated December 9, 2002 passed by the District Magistrate and Collector, Bankura, granting licence for the retail vend of country spirit in favour of the respondent Nos. 7 and 8.
2. On January 18, 2001 Government of West Bengal floated an advertisement inviting applications from companies, firms and societies formed by unemployed youths for issue of excise licences for country spirit shops at various locations including Chatramore in the district of Bankura.
3. The petitioner Nos. 2 and 3 are educated unemployed youths and they proposed to form a partnership firm in the name and style of Paul Enterprise, the petitioner No. 1.
4. On February 18, 2001 the petitioners applied, in prescribed form, for licence for country spirit shop at Chatramore in the district of Bankura. The petitioners, along with their applications, submitted certificates from the local member of the legislative assembly, inter alia, indicating that the petitioner Nos. 2 and 3 are educated unemployed youths.
5. On August 14, 2001 the District Magistrate and Collector, Bankura informed the writ petitioners and the private respondents regarding their respective positions in panel for issue of excise licence for country spirit shop at Chatramore prepared on the basis of lottery held by Directorate of Lottery, West Bengal. The position of the private respondent Nos. 7 and 8 in the said panel was first while the writ petitioners were placed in third position in the panel.
6. On receipt of certain complaints regarding improper processing of applications for issue of licences for setting up country spirit shops at certain places including the said Chatramore site, the District Magistrate and Collector, Bankura directed the Executive Magistrate and Special Land Acquisition Officer, Bankura to hold an enquiry regarding such complaints.
7. The said Executive Magistrate and Special Land Acquisition Collector, Bankura held enquiries and he submitted his report to the District Magistrate, Bankura on January 31, 2002.
8. The relevant portions from the said report are set out hereinbelow:
"I issued notice to both Sri Rajib Chattopadhyay and Sri Subhendu Chatterjee who secured first position in the lottery, for a hearing on 4.1.2002 at 2.00 p.m. at the office of the B.D.O., Joypur under Memo No. 1577(7) / LA. dated 27.12.2001 of the LA. Deptt., Bankura. Both of them attended the hearing and I recorded their statements duly signed by them (original statements are attached). Rajib Chattopadhyay has stated that he is unemployed and lives with his brother, Sanjib Chattopadhyay in a joint family. His brother, Sanjib Chattopadhyay is the owner of the 'Light House' shop at Gelia More. Rajib Chattopadhyay has admitted that he sells electrical goods of the said shop. Rajib Chattopadhyay submitted a xerox copy of a challan showing deposit of profession tax of Sanjib Chattopadhyay, as a token of Sanjib shop. Rajib Chattopadhyay has admitted that there are decorators' shop and tailoring shop by the side of the proposed country spirit shop and the proposed shop is within 30/40 feet from the Bishnupur-Kotulpur metalled road.
Another partner, Sri Subhendu Chatterjee has admitted that he was a businessman and dealt in potato till March, 2001. They signed the application form for grant of licence for country spirit shop on 12.2.2001 and mentioned in column 4 seasonal business-paddy, Til, potatoes etc. against business or sales experience, if any, Subhendu Chatterjee has further admitted that he took loan of Rs. 25,000/- (Rupees twenty-five thousand) for business from Chatramore Co-operative Bank but he could not repay the same till 4.1.2002 Subhendu Chatterjee has admitted that his/his partner's name for potato business has been registered with Chatramore Kshudra Babsayee Samiti. From the above, it transpires that Subhendu Chatterjee, as on the date of application, ........