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2008 Supreme(Cal) 7

High Court of Judicature at Calcutta
BHASKAR BHATTACHARYA & KISHORE KUMAR PRASAD
Mala Banerjee
Versus
The State of West Bengal & Others
W.P. Appeal No.1168 of 2006
Decided On : 08-01-2008

Advocates Appeared:
For the Appearing Parties:Agniswar Dutta Gupta, Joydip Kar, Kalyan Bandopadhyay, L.K. Gupta, Samrat Sen, Siddhartha Ghosh, Advocates.

Judgment

Bhaskar Bhattacharya, J.

By this public interest litigation, the writ-petitioner, claiming to be a social worker, has prayed for the following relief:

“(a) A writ of and/or a writ in the nature of Mandamus commanding the respondents to forthwith withdraw, cancel and rescind:-

(i) The Rule dated 29th July, 2003 which has been published on 30th July, 2003 in the Kolkata Gazette;

(ii) Notification and/or Office Memo No.2S-30/2003-04/2736 (21)E dated 21st November, 2003 being Annexure ‘P-4’ hereto;

(iii) Circular/Memo No.2S-30/03-04/3369(20) dated 20th January, 2004 being Annexure ‘P-6’ hereto; and all licences issued through out the State of West Bengal pursuant to and in furtherance of the above mentioned Notifications and Memos since January, 2004;

(b) A writ of and/or a writ in the nature of Certiorari commanding the respondents and each of them, their men, agents and subordinates to certify and transmit the records relating to the case to this Hon’ble Court for doing conscionable justice by quashing:-

(i) The Rule dated 29th July, 2003 which has been published on 30th July, 2003 in the Kolkata Gazette;

(ii) Notification and/or Office Memo No.2S-30/2003-04/2736/(21)E dated 21st November, 2003 being Annexure ‘P-4’ hereto;

(iii) Circular/Memo No. 2S-30/03-04/3369 (20)E dated 20th January, 2004 being Annexure ‘P-6’ hereto; And all licences issued through out the State of West Bengal pursuant to and in the furtherance of the above mentioned Notifications and Memos since January, 2004;

(c) A writ of and/or a writ in the nature of Prohibition commanding the respondents and each of them, their men, agents and sub-ordinates to forbear from giving any effect or further effect pursuant to and in furtherance of:-

(i) The Rule dated 29th July, 2003 which has published on 30th July, 2003 in the Kolkata Gazette;

(ii) Notification and/or Office Memo No. 2S-30/2003-04/2736/(21)E dated 21st November, 2003 being Annexure ‘P-4’ hereto;

(iii) Circular/Memo No.2S-30/03-04/3369 (20)E dated 20th January, 2004 being Annexure ‘P-6’ hereto; And all licences issued through out the State of West Bengal pursuant to and in the furtherance of the above mentioned Notifications and Memos since January, 2004;

(d) An order or direction be issued upon the respondents that the respondents shall endeavour in making any law or rule or policy relating to manufacturing, production and sale of liquor fit for human consumption and they shall strictly adhere to the principles enshrined in Article 47 of the Constitution of India.

(e) Rule NISI in terms of prayers (a), (b), (c) and (d) hereto;

(f) Rule be made absolute;

(g) Injunction restraining the respondents and each of them their men, agents, and subordinates from giving any effect and/or further effect and/or from taking any step or further steps pursuant to and in furtherance of:-

(i) The Rule dated 29th July, 2003 which has published on 30th July, 2003 in the Kolkata Gazette;

(ii) Notification and/or Office Memo No. 2S-30/2003-04/2736/(21)E dated 21st November, 2003 being Annexure ‘P-4’ hereto;

(iii) Circular/Memo No.2S-30/03-04/3369 (20)E dated 20th January, 2004 being Annexure ‘P-6’ hereto; And all licences issued through out the State of West Bengal pursuant to and in the furtherance of the above mentioned Notifications and Memos since January, 2004;

(h) Direction upon the respondents and each of them their men, agents and subordinates to withdraw and/or cancel the licence for opening of new liquor shop and/or to hereof running in new liquor shops pursuant and in furtherance of:-

(i) The Rule dated 29th July, 2003 which has published on 30th July, 2003 in the Kolkata Gazette;

(ii) Notification and/or Office Memo No. 2S-30/2003-04/2736/(21)E dated 21st November, 2003 being Annexure ‘P-4’ hereto;

(iii) Circular/Memo No.2S-30/03-04/3369 (20)E dated 20th January, 2004 being Annexure ‘P-6’ hereto; And all licences issued through out the State of West Bengal pursuant to and in the furtherance of the above ment




















































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