The procedure laid down in Sections 30 to 33 of the Bengal Excise Act, 1909, must be followed when shifting a country liquor shop from one site to another.

1. THE petitioners in this application are the inhabitants of the village Jagadanandapur bethuadahari within Nakashipara police Station in the District of Nadia. The respondent No. 5, Rasomoy Sahre holds a licence for retail sale of country liquor through a shop at Bethuadaharii for the last 35 years. The said liquor shop is situated at the outward countyard of the residential house of the said respondent No. 5 at Khidirpur in the village of Bethuadahari. The petitioners allege that on or about 29th October, 1968, the petitioner No. 5 made an application to the Collector of Nadia (Excise Department), Krishnanagar, the respondent no. 3, praying for shifting the aforesaid country-liquor-shop from its existing site to another site in plot No. 1486, khatian no. 117, Mouza Jagadanandapur, P. S. Nakashipara. When the petitioners came to know that on the basis of the existing excise licence granted in favour of the said respondent No. 5, a country liquor shop is going to be opened at the premises of one Kshitish Mallick in front of the Police Station and by the side of the National Highway No. 34, by the order of the respondent No. 4, Additional district Magistrate, Krishnanagar, a mass petition signed by 40 persons including the present petitioners was submitted before the District Magistrate and Collector, Nadia, on or about 7th December, 1968, raising serious objection against opening the proposed country liquor shop at the aforesaid site, primarily on the ground that the only Girls School of the village is situated very close to the said proposed shop and there is a conch-shell bangle shop adjacent to the shop. It was pointed out in the said petition that everyday a large number of girls go to the school through that way and the womenfolk of the village come to the said bangle shop for purchasing bangles. It was further pointed out that the proposed site for the shop was surrounded by residential houses. A copy of the said mass petition, it is alleged, was also sent to the Governor, West Bengal. The petitioners allege that on 28th December, 1968, they received a Memorandum No. 7046e dated 23.12.1968 from the Additional District Magistrate, respondent No. 4, informing them that no action could be taken on the said petition because on enquiry it was found that the proposed site would be more suitable for opening the country liquor shop than its present site. An affidavit affirmed by Mr. Sunil Mukharji, Superintendent of Excise on 31st July, 1969, has been filed on behalf of the respondent Nos. 1-4. In paragraph 7 of the said affidavit it is stated that there was a mass petition on 5.12.67 with a copy to the Governor, the Chief Minister of west Bengal and the Commissioner of excise, West Bengal. On the basis on the enquiry, the Additional Magistrate in his capacity as a licensing authority decided that the licensee should be given one month time to shift the shop from its existing site to an alternative suitable site and the licensee was informed accordingly. Meanwhile another mass petition by one Subal Chandra Das and others of Bethuadahari was filed praying that the country liquor shop should not be shifted from the existing site at kidnepor. On a report submitted by the Superintendent of Excise on 8.4.68 the Additional District Magistrate approved the suggestion made by the superintendent of Excise that the license should shift his country liquor shop to Kanthalberia Mouza. The licensee thereafter by his petition dated 29th October, 1968, offered a site within jagadanandapur mouza appertaining to dag No. 1486 in khatian No. 117 for the purpose of shifting his country liquor shop from the existing site at Khidderpur to that place. It is further stated on behalf of the respondents that on the basis of mass petition filed by the petitioners an enquiry was made and the allegations of the petitioners were found to be of very little substance. The licensee was therefore directed under the Excise Office Memo. No. 7065e dated 23