JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. Learned counsel for the petitioner argues that the impugned orders, respectively of the Excise Commissioner refusing to renew the excise license of the petitioner no. 1-Company, and of the Collector cancelling the said license, are illegal, being de hors the statute and the rules framed thereunder. It is submitted that the matter is governed by West Bengal (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 (hereinafter referred to as, “the 2003 Rules”) and the West Bengal Excise (Change in Management) Rules, 2009 (in brief “the 2009 Rules”).

2. It is argued that the limited scope of the Excise Commissioner in considering the question of renewal of the petitioners’ excise license was delineated by the previous orders of co-ordinate Benches of this Court. However, the Excise Commissioner traversed beyond the scope of the Rules, in refusing to so renew.

3. As regards the statutory challenge already preferred before the appropriate authority by the petitioners against the said refusal to renew, it is unambiguously submitted by learned counsel for the petitioner, on the query of Court,