Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2013 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (10) TMI 384 - SUPREME COURTPrayer to Cancel the Temporary Liquor License - The plea raised was that it was not open for the appellant to run a liquor bar in the said restaurant which was in the vicinity of religious places and school - The respondents contended that the religious places and school were situated within the distance of 550 feet of the premises where the license to operate the bar by the Excise Department was granted to the appellant and this was in violation of Rule 8 of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 (hereinafter referred to as “Rules of 2003”), as amended in the year 2004. Rule 8 of Rules, 1993 as well as Rule 8 of Rules, 2003 apply only to new sites - Its implication is that those restaurants/ hotels etc. who were already granted license, before coming into force the respective Rules, would not be hit by the mischief of these rules and are allowed the continuation of such a bar license, as pointed out, though the application of the appellant was made in the year 1992, it was processed much after 2004 and the license is also granted after 2004 - Therefore, normally the application would be governed by the Rules prevalent on the date of grant of liquor license - The appellant drew attention to the Circular dated 28.9.2005 issued by the Excise Commissioner to its functionaries and on that basis, he made emphatic plea that pending applications were to be considered on the basis of un-amended Rules, 2003. We fail to comprehend as to how the application filed in 1992 could be considered in 2010 - In any case, when the request of the appellant was considered in the year 2010, Rules of 2003 as amended in 2004 had to be applied - On the basis of these Rules, the appellant could not have been granted for foreign liquor bar and restaurant license as there are many religious and educational institutions within the 1000 ft. of place from where the appellant is operating - The case of respondent No.4 was not of a new license but existing license - Rule 8 applied to new sites only and in so far as those who were operating already and having existing license, they are not hit by the mischief of this Rule - the judgment of the High Court upheld – Decided against Petitioner.
|