IMPORTANT POINT
Refusal to renew permission for live performances based solely on allegations without conviction is arbitrary and unreasonable, violating the principles of proportionality.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The petitioner challenges the refusal by the Excise Authorities to renew a permission previously held by the petitioner to have live band performances in an on and off foreign liquor shop run by the petitioner.

2. It is submitted that the permission previously held was valid till March 07, 2018. However, a scuffle took place between two Excise Constables and the staff and management of the Bar on March 11, 2018.

3. There were allegations and counter-allegations on the part of the petitioner as well as the respondent-authorities, the petitioner alleging that the Excise constables had created the ruckus whereas the authorities gave a version that when the Excise constables went to ascertain whether the petitioner was continuing the live performances without having a valid permission, the constables were assaulted. Accordingly, complaints were lodged and FIRs registered which subsequently took the shape of charge-sheets being filed.

4. However, on such premise, a show-cause notice was issued to the petitioner under Rule 239 of the West Bengal Excise (Foreign Liquor) Rules, 1998 (for short “the 1998 Rules”).

5. Due to the pendency of the show-cause notice, the permission was not being renewed, which prompted the petitioner to move a writ petition before this court. A coordinate Bench of this court refused to interfere in view of the pendency of the show-cause proceeding. The petitioner preferred an appeal against the said order in which the Division Bench disposed of the appeal by limiting the proceeding arising out of the show-cause to the first component of the show-cause which pertained to violation of Rule 239 inasmuch as the petitioner was running live performances without having a valid permission and clarifying that the second component of the show-cause notice, that is, the alleged assault on the Excise officials would not be a ground of consideration under Rule 239.

6. Ultimately the show-cause proceeding culminated in the imposition of a penalty on the petitioner within the contemplation of the said Rules.

7. Thereafter, however, the renewal application was rejected on the ground of the existence of the previous order of the coordinate Bench whereby the coordinate Bench refused to interfere with the non-consideration of the renewal on the ground of pendency of the show-cause.

8. An appeal was preferred against the same, the outcome of which ultimately came before this court by way of a writ petition. Thereafter, a mandamus appeal was preferred in which the authorities were directed to dispose of the application for renewal irrespective of the previous order of the learned Single Judge of this court.

9. Subsequently, the Appellate Authority remanded the matter back to the Superintendent of Excise, upon which the impugned order dated November 06, 2023 was passed, refusing the renewal of permission. It is contended by learned counsel for the petitioner that while considering the case of the petitioner for renewal of the permission to run the live band, certain police reports were apparently taken into consideration by the Superintendent of Excise.

10. It is argued that the primary consideration of the authorities was the religious sentiments and peaceful cohabitation of the local people in view of there being three religious establishments in the vicinity of the establishment enshrining idols, which were not only manned by prominent personalities of various states but also visited by the pilgrims from different parts of West Bengal and other States, particularly at the time of two festivals, being the ‘Gajan Mela’ and ‘Srabani Mela’, when the number of pilgrims usually reaches its zenith. The authorities also cited the existence of a nearby children’s park where large picnic parties usually flock and the existence of two schools and the proximity of the liquor shop to State Highway 2.

11. That apart, the authorities also touched upon the apparent mismanagement of the business establishment by