Back
2004 Supreme(Cal) 381
High Court Of Calcutta
Subhro Kamal Mukherjee
PAUL ENTERPRISE - Appellant
Versus
STATE OF WEST BENGAL - Respondent
W. P. 14945 (W) Of 2003
Decided On : 06/11/2004
BIDYUT KIRAN MUKHERJI, DEBASIS KAR GUPTA, SRIDHAR PANJA, SUPRIYA CHATTOPADHYAY, SUPRIYO ROYCHOUDHURY
A person who is a regular member of a Babsayee Samiti and obtains a loan from a Co-operative society for running his business cannot be termed as an unemployed youth.
Headnote:
EXCISE - LICENCE - RETAIL SALE OF COUNTRY SPIRIT - SETTLEMENT OF LICENCE - UNEMPLOYED YOUTH - INTERPRETATION - WEST BENGAL EXCISE (SELECTION OF PERSON FOR GRANT OF LICENCE AT NEW SITES FOR RETAIL SALE OF LIQUOR AND CERTAIN OTHER INTOXICANTS) ORDER, 2003, PARAGRAPH 3 - WEST BENGAL EXCISE (SELECTION OF PERSON FOR GRANT OF LICENCE AT NEW SITES FOR RETAIL SALE OF LIQUOR AND CERTAIN OTHER INTOXICANTS) RULES, 1993, RULE 18.
Fact of the Case:
Petitioners, educated unemployed youths, applied for a licence for a country spirit shop at Chatramore, Bankura, in response to an advertisement by the Government of West Bengal. The District Magistrate and Collector, Bankura, granted the licence to the private respondents, who were placed first in the lottery for the said shop. The petitioners challenged this order, contending that the private respondents were not unemployed youths and were thus ineligible for the licence.
Finding of the Court:
The court found that one of the private respondents, Shuvendu Chatterjee, was in business dealing with potato, paddy, til, and tisi, was a member of the local Babsayee Samiti, and had obtained a loan from a local Co-operative Bank for running his business. The court held that Shuvendu Chatterjee could not be considered an unemployed youth.
Issues: 1. Whether the private respondents were unemployed youths as defined in the West Bengal Excise (Selection of Person for Grant of Licence at New Sites for Retail Sale of Liquor and Certain Other Intoxicants) Order, 2003, paragraph 3. 2. Whether the State Government's interpretation of the rules, allowing the private respondents to be considered unemployed youths, was rational and not capricious or whimsical.
Ratio Decidendi: 1. The court interpreted the term 'unemployed youth' in paragraph 3 of the West Bengal Excise (Selection of Person for Grant of Licence at New Sites for Retail Sale of Liquor and Certain Other Intoxicants) Order, 2003, as someone who is not engaged in any occupation, is idle, or is out of paid employment. 2. The court held that the State Government's interpretation of the rules, allowing the private respondents to be considered unemployed youths despite their business activities, was not rational and was capricious and whimsical.
Final Decision: The court allowed the writ petition, set aside the orders granting the licence to the private respondents, and quashed the licence. The respondents were directed to take consequential steps for settling the licence strictly in accordance with law within one month.
( 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 wit
