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24th Dec., 2025 High Court at Calcutta

Item no.D/L 08

Court No. 02

In the

Circuit Bench at Jalpaiguri

Pradip, A.R.(Ct.)

Constitutional Writ Jurisdiction

Appellate Side

Case No.

WPA 2505 of 2025

In the matter of :

Ajoy Locas Edwards

…. Petitioner

VS.

The State of West Bengal & Ors.

….Respondents

For the Petitioners:

Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.

Mr. Samim Ahmed

Ms. Ambiya Khatun

Ms. Esha Acharya

….Advocates

For the State:

Mr. Kishore Dutta, Ld. AG

Mr. Amal Kr. Sen, AAG

Mr. Subir Kr. Saha, AGP

Mr. Sombuddha Dutta

Ms. Bedashruti Bose

….Advocates

1. It has been brought to the notice of the Court that the

appeal preferred by the State respondents being MAT 112 of

2025 has been dismissed by the Hon’ble Division Bench today,

that is, 24^th December, 2025.

2. The primary issue which has been raised by the learned

Advocate General is that the writ petition is not maintainable

due to availability of the alternative remedy.

3. Whether the writ petition will be completely barred because

of the availability of the statutory alternative remedy has to be

decided by the Court.

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4. Today being the very last day of the Circuit prior to the

Christmas Vacation, there is hardly any time for the Court to

decide the said issue. Moreover, the observation passed by the

Hon’ble Division Bench at the time of deciding the appeal is

also not before this Court.

5. In view of the above and upon preliminary hearing of both

the parties, the Court is inclined to pass an interim order for a

very limited period in view of the submission made by the

petitioner that the statutory, alternative remedy is not an

effective and efficacious one.

6. The petitioner contends that the Christmas session is on and

the unit will suffer financially if the impugned order of

suspension is not suspended for the time being.

7. Today is Christmas Eve and the hills, especially Darjeeling,

are filled with tourists and visitors. The unit claims to be in

operation for nearly one hundred and fifty years. The same

appears to be a popular tourist attraction.

8. By the impugned order the authority has suspended the bar

license of the unit but has permitted the unit to operate and

function normally the facility of the restaurant, bakery, eatery

etc. It is only the bar and the live band that has been

suspended.

9. The petitioner, right now, is not pressing for operating the

live band. Prayer has been made only for permitting sale of

liquor.

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10. It may be a mere coincidence that the period of suspension

coincides with the Christmas season and the entire city of

Darjeeling is enjoying the spirit of yuletide.

11. As it appears that the restaurant will be in operation,

suspension of the bar license will imply that liquor cannot be

sold in the restaurant premises. It seems that it is only the

visitors and tourists who will miss the liquor that may be

served in the restaurant. There is no reason as to why the fun

and merry making festival spirit be dampened by non serving

of liquor in the restaurant premises. The sale of liquor will also

amount to generation of revenue to the State.

12. Interim order is being passed in this case for balancing the

equities between the parties. The State will not be prejudiced

or inconvenienced in any manner if the order of suspension of

bar license is temporarily kept in abeyance. On the other hand,

if the petitioner is not permitted to do business, the petitioner

will certainly face financial loss. So the balance of

convenience and inconvenience in granting the interim order

rests entirely in favour of the petitioner.

13. In the facts and circumstances mentioned hereinabove, the

Court is inclined to pass an interim order staying operation of

the impugned order dated 4^th December, 2025 temporarily till

12^th January, 2026.

14. The matter is made returnable immediately on the

reopening day of the Circuit i.e. 5^th January, 2026.

15. It will be open for the respondents to prepare and circulate

affidavit in opposition prior to the returnable date.

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16. The petitioner shall be permitted to op