The provisions of clause 5(2)(a) of the 2000 Order, which disqualified holders of any other excise license from being considered for grant of licenses, were subject to the provisions of Rules 11 and 12 of the 1993 Rules, as per Rule 17 of the 1993 Rules.

Altamas Kabir, J.: Till 11th December, 1989, the petitioners were carrying on business in ganja, opium and bhang under licence granted by the State. After the enactment of the Narcotic Drugs and Psychotropic Substances Act in 1985 a bar was imposed on the sale of ganja with effect from 12th December, 1989, except for medicinal and scientific purposes. Upon such bar being imposed, persons dealing in ganja, opium and bhang were rendered unemployed on and from 12th December, 1989. In order to rehabilitate such persons the Government formulated a policy whereby it decided to allow sale of 500 U.P. Rum and Beer by the erstwhile ganja licencees of the State. Pursuant to such policy retail licences for sale of 500 U.P. Rum and Beer for "off' premises consumption were issued to the erstwhile ganja licencees including the petitioners.

2. According to the petitioners, since they were permitted to sell only two items which were also of half strength, their customers were few and they were unable to compete with other liquor off-shop licence holders who could vend different varieties of intoxicants such as wine, brandy, whisky, gin etc. The petitioners, therefore, applied to the appropriate authority on 30th August, 1994, for grant of permission to vend foreign liquor items other than 50° D.P. Rum and Beer at their existing sites in keeping with the provisions of the West Bengal'(Selection of New Sites and Grant of Licence for Retail Sale of Spirit and Certain Other Intoxicants) Rules, 1993, hereinafter referred to as the "1993 Rules", framed by the Government under Notification No. 148-Ex.dated 22nd March, 1993.

3. Inasmuch as, according to the writ petitioners no step was taken by; the appropriate authority on the application filed by the writ petitioners on 30th August, 1994, the petitioners filed separate writ applications before this Court for a direction upon the respondents to consider their applications for grant of licence to vend foreign liquor. By an order dated 15th November, 1994, passed the writ application of Shri Bijon Kumar Patra, a learned Judge of this Court directed the licensing authority, inter alia, to consider the writ petitioner's application for grant of such licence in accordance with law in the event new sites had already been selected for grant of such licence and in the event the concerned authorities had formed an opinion that off-shop licences were to be granted at the said sites. A direction was also given that in the event the petitioner's application for grant of such licence had matured for consideration, an order in accordance with law should be passed thereupon at an early date.

4. On 15th November, 1994, on several similar applications moved before this Court similar orders were passed.

5. Thereafter, Shri Bijon Kumar Patra was informed by the Commissioner of Excise, West Bengal, the respondent No.2 herein, that there was no sanction for grant of foreign liquor off-shop licence from the State Government at that particular point of time and that the representation made by Shri Patra would be considered along with other applications in accordance with law provided sanction of the proposed sites was given by the State Government. Similar letters were issued by the Commissioner of Excise to the other writ petitioners as well. Subsequently, however, a Notification being No. 66/Ex/O/1M-88/99 dated 4th February, 2000, containing the West Bengal Excise (Selection of Persons for Grant of Licence at New Sites for Retail Sale of Spirit and Certain other Intoxicants other than Foreign Liquor on categories of licences and licences for Denatured Spirit) Order, 2000, was published in the Calcutta Gazette on 4th February, 2000, disqualifying holders of any other excise licence from being considered for grant of licences under the said Order.

6. Clause 5 of the said Order provides for rejection of applications for grant of licences thereunder on different grounds. The provision relevant to the petitioners' case i