JUDGMENT :

Rai Chattopadhyay, J.

1.In this writ petition the petitioner has challenged the legality and propriety of the order of Additional Chief Secretary, Finance Department, and government of West Bengal, i.e, respondent no. 3, dated 30th January, 2019.

2. Let the factual background of the case be discussed in brief at this juncture.

3. The petitioner happened to be a license holder of country liquor shop. The petitioner claims that he has so far run the business smoothly and flawlessly and in due compliance with all the statutory formalities and obligations he, as license holder was required to follow in running such a business. It is stated that on 5th February, 2014, an FIR was lodged against the petitioner and his other family members being Bhatar Police Station case no. 37 of 2014, under Sections 498A, 302, 34 of the IPC. Pursuant to the same the petitioner was detaining in custody from 28th March, 2014 to 23rd April, 2014. 

4. During the period of his detention in connection with the said police case, an order was passed on 26th March, 2014, by the Additional District Magistrate (G) & Collector of Excise, Burdwan (East Excise), Burdwan, i.e, respondent no. 5 here, to suspend the excise license granted in favour of the petitioner earlier. However, before such an order of suspension of excise license dated 26th March, 2014 has been passed, the petitioner claims to have submitted an application for renewal of his excise license on 24th February, 2014. Be that as it may, pursuant to the said order dated 26th March, 2014, of suspension of excise license, the petitioner was debarred by operation of law to pursue his said business, any further. Being aggrieved, the petitioner moved this Court for the first time in the year 2014 by filing WP 24884 (w) of 2014. The said writ petition was dismissed by the Court as withdrawn.

5. Thereafter, according to the petitioner, he has exhausted the statutory remedies available to him, by filing an appeal and a revision thereafter, however only to be unsuccessful to secure any remedy for his grievance. Fact remains that a further order dated 9th June, 2014, was also passed by the said respondent no. 5 (Additional District Magistrate (G) & Collector of Excise, Burdwan (East Excise), Burdwan) to direct lapse of excise license earlier granted to the present petitioner in terms of the provisions of notification no. 800-EX dated 29.07.2003, Rule 14, sub-rule (1).

6. The impugned order dated 30th January, 2019, is passed in the statutory revision case filed by the present petitioner before the respective authority. The authority has taken note of the orders passed against the present petitioner as well as the respective statutory and regulatory provisions under which the business of the petitioner was governed and has finally come to the decision that the excise license of the petitioner was lapsed with effect from 1st April, 2014, by operation of law as the petitioner has failed to comply with the necessary formalities for renewal of license within the prescribed period of time. The revisional authority thus has not found any impropriety either in the order of the respondent no.5 dated 26th March, 2014 and 9th June, 2014 or regarding the order of the appellate authority dated 12th April, 2018 and has ultimately dismissed the revision application.

7. The petitioner has come up to challenge the said order in this revision. Mr. Chattopadhyay, appearing for the petitioner has made two fold submissions. Firstly, according to Mr. Chattopadhyay the order of suspension of license earlier granted to the petitioner is illegal being violative of the specific statutory provision. For this Mr. Chattopadhyay has strongly relied on the provisions under Section 42 (1) (d) of the Bengal Excise Act, 1909. Let the provision be quoted herein below:-

“42. Power to cancel or suspend license, permit or pass.—(1) Subject to such restrictions as the State Government may prescribe, by rule made section 85, sub 20 section (2),