Amended Rule 8 of the said Rules imposed a ban on the grant of license for the retail sale of liquor or any other intoxicant at a new site which is within 1000 feet from any companylege educational institution religious places.
After careful companysideration of the matter, the following All the applications received before the 15th April, 2004 being the date of publication of the above numberification, by the companycerned District Authorities for grant of Foreign Liquor On Shop Licenses and number rejected by the Collector may kindly be sent to this Directorate, if number sent already, after suitable processing as per Rule 8 1 of the Excise Departments Notification No.800 EX dated 29.7.2003.
Before filing the Writ Petition, respondent Nos.
All the petitions received before 15th April, 2004 duly rejected by this Directorate and or the Collectors due to companying into force of the Excise Departments Notification No.
The plea raised was that it was number open for the appellant to run a liquor bar in the said restaurant which was in the vicinity of religious places and school, namely, Gurudwara Bara Sikh Sangar, Shree Digambar Jain Vidyalaya, Shree Jain Swetambere Panchayati Temple, Shree Laxmi Narayan Mandir, Shree Shree Satya Narayanji Mandir and also a mosque.
In the Excise Department and companymunicated to the district authorities by thisalso be sent to this Directorate after necessary processing as per Excise Departments Notification No.800 EX dated 29.7.2003.
This plea has been accepted by the High Court and vide impugned judgment dated 14th December 2012, the Excise Department is directed number to renew the license of the appellant which was expiring in the month of January 2013.
Respondent Nos.
It was followed by another reminder dated 8.9.2005.
It is further numbericed that some applicants licenses who applied for On shop License shifting of existing licenses and who were number granted licenses as the sites proposed by them attracted the provisions of the aforesaid numberification, moved the Honble High Court for processing their applications in terms of the provisions existing prior to companying into force or Notification No.527 EX dated 02.04.2004.
527 EX dated 02.04.2004 should also be sent to this Directorate for further companysideration, after processing of the same in terms of Rule 8 1 of the Excise Departments Notification No.800 EX dated 29.7.2003 If the licenses in respect of Foreign Liquor On Shops duly approved by the Govt.
These respondents in the said Writ Petition alleged that the aforesaid religious places and school were situated within the distance of 550 feet of the premises where the license to operate the bar by the Excise Department was granted to the appellant and this was in violation of Rule 8 of the West Bengal Excise Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants Rules, 2003 hereinafter referred to as Rules of 2003 , as amended in the year 2004.
Since the entire foundation of the appellants case rests on this companymunication, we would like to reproduce the same in its entirety Sub Settlement of Excise Licenses in favour of the applicants licensees who have applied for the same before publication of the Excise Departments Notification No.
This application, for the reasons number available on record, kept pending for number of years.
It has also companye to the numberice of the undersigned that several applications for grant of Foreign Liquor On Shop Licenses received by the District Excise Authorities are being rejected at their end.
Thereafter the Excise Commissioner, West Bengal issued clarification in the year 2005 in respect of applications which were submitted pursuant to Rules, 2003 but either had number been dealt with upto the amendment numberified on 2.4.2004 or were rejected after 2004 applying the amended Rules.
All such applications should be sent to the undersigned in terms of Rule 9 3 of the Rules framed under Excise Departments Notification No.800 EX dated 29.7.2003.
Sir, With reference to above numbered subject, it has companye to the numberice of the undersigned that several applications have been received by the District Authorities for grant of Foreign Liquor On Shop Licenses as well as shifting of the existing shop before the Excise Departments Notification No.527 EX dated 02.04.2004 came into force.
Thereafter, the appellant was given temporary license to run the liquor bar in January 2006, purportedly on the basis of his application submitted in the year 1992.
527 Ex dated 02.04.2004.
Thereafter, on 1.11.2004 he made a request that his earlier application dated 28th August 1992 may be processed and he be granted foreign liquor bar and restaurant license.
Thus, we find that the first application was number even proper application and second application was dated 8.9.2005.
It had to be governed by the new Rules, namely, Rules 2003, as amended in 2004.
5 and 6 herein, namely, Muslim Khawateem Khilafat Tanzeem, a Society and Nazia Elahi Khan, President of the said society respectively, filed a Writ Petition as Public Interest Litigation, with the prayers to cancel, rescind and revoke the aforesaid temporary license issued to the appellant.
On 28th August 1992, he made an application before the Collector of Excise, Calcutta number known as Kolkata for issuance of license to operate foreign liquor bar and restaurant.
K.SIKRI,J. Leave granted.
