Ct. No.1 D/L 36 RP/SM 17.04.2025 WPA(P) 110 of 2025 SOHORAB KHAN AND ORS. VS. STATE OF WEST BENGAL AND ORS. Mr. Samrat Chakraborty, Adv. …For the Petitioners Mr. Anirban Ray, G.P. Mr. Sk. Md. Galib, Sr. Govt. Adv. Mr. Tanoy Chakraborty, Adv. Mr. Debraj Sahu, Adv. …For the State-Respondent Mr. Supriyo Roychowdhury, Adv. Ms. Madhumita Roychowdhury, Adv. Mr. Sankar Ghosh …For the Respondent No.6 1. By filing this writ petition the petitioner seeks for a direction to recall the permission granted to set up a liquor shop on the Southern side of Hillora village on the P.W.D. road. Three allegations have been made objecting to the liquor shop. Firstly, that it is within 300 feet from a primary health centre and it is within 250 feet from a temple and thirdly there already exists a liquor shop within 1 k.m. from said location on the Northern side of Hillora village. 2. The learned government counsel has placed before this court the instruction received from the Mobile No. 9831141228 through Whatsapp message on 17th April, 2025 at about 12.02 p.m. In the said instruction the following details have been mentioned:- 2 i. “Nearest education institution (Hilora Primary school): 2850 ft. ii. Nearest place of public worship (Shri Shri Bada Kali Mandir): 1246 ft. iii. Nearest hospital for public use (Hilora Primary Health Centre): 1377 ft. iv. Nearest National Highway is NH 34 at a distance of: 8800 mts. v. Nearest State Highway is SH 11A at a distance of: 12000 mts. vi. The site is not within a designated tribal area. … With respect to an already existing liquor shop within 1 km. of the alleged site it is found from records obtained from district excise authority that in reality the following liquor shops exists at respective distances from the site: a) Green RCB………..3.5 km. away b) Ahiron FL Off shop……………9.9 km. away c) Samir RCB……………..9.7 km. away” 3. Further, the instructions state that after complaint was received from the Superintendent of Excise, Jangipur Excise district caused an enquiry into the matter for the purposes of revarification and a detailed report was submitted by the Deputy Excise Collector of concerned range and the said report also reflects the above factual details with regard to location of the shop. Apart from that it is stated that the additional shop was licensed to cater to the demand and it is also prevented illicit liquor being distributed in the area in question. That apart, the revenue earning of the State will be enhanced. 4. In the light of the factual situation, the case as projected by the petitioner appears to be factually incorrect. So far as the jurisdiction of this court is concerned, the court has to examine whether the 3 liquor shop in question finds any of the conditions contained in 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, as amended. From the report it is seen that there is no violation as mentioned by the petitioners. Therefore, we find to issue direction as sought for by the petitioners in this regard. 5. With the above observation, the writ petition is dismissed. 6. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities. (T.S. Sivagnanam) Chief Justice [Chaitali Chatterjee (Das), J.]