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2023 Supreme(Cal) 19

MOUSHUMI BHATTACHARYA
Down Town Temptation Private Limited – Appellant
Versus
Additional General Secretary, Finance Department, Government Of W. b. – Respondent


Advocates appeared:
Soumya Mazumder, Advocate, Arindam Jana, Advocate, Saptarshi Banerjee, Advocate, Somosh Ghosh, Advocate, Anirban Ray, Advocate, Raja Saha, Advocate, Debashis Ghosh, Advocate, Amit Kr Ghosh, Advocate, Varun Kothari, Advocate

JUDGMENT

Moushumi Bhattacharya, J. - The petitioners are aggrieved by three orders dated 15th December, 2020, 3rd August, 2021 and 21st June, 2022 in the matter of rejection of the renewal of Excise Licenses of the petitioner no. 1. The first two orders are of the Excise Commissioner and the last order is of the Additional Chief Secretary, Finance Department, Government of West Bengal.

2. The renewal of Excise License pertains to three restaurants-cum-bars namely, Spice Garden, located at VIP Road and Chinar Park and Hotel Down Town at Teghoria. All three establishments enjoyed Excise License from 2001 onwards. The petitioner applied for renewal in March 2017. The petitioners approached the Excise Commissioner for renewal of Excise License for the three establishments. The proceeding resulted in the first impugned order of 15th December, 2020 citing an objection received from the Bidhannagar Police thereby calling for a fresh report from the Commissioner of Police, Bidhannagar. The petitioner approached the Court by way of an earlier writ petition being WPO 201 of 2021 which was disposed of by a direction on the Excise Commissioner to dispose of the appeal under the provisions of The

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