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2026 DAILYLAW 37767 (CAL)

ASADUL SK v. THE STATE OF WEST BENGAL AND ORS

WPA(P)/411/2026 · 2026-09-03

Atarup Banerjee, Tapabrata Chakraborty

Public Interest Litigationbody2026

Judgment text

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03.09.2026 Item No.01 Court No.01 KCP WPA(P) 411 of 2026 Asadul Sk - Versus - The State of West Bengal & Ors. Mr. Ibrahim Shaikh Ms. Reshmi Khatun …. For the petitioner Mr. Debapriya Gupta, Ld. A.G.P. Mr. Arijit Bakshi Mr. Tarun Kumar Jana Mr. Biswanath Banerjee …. For the State Mr. Debabrata Mondal Ms. Sreetama Neogi …. For the respondent nos.11 to 13 The present Public Interest Litigation (in short, PIL) has been preferred praying for issuance of necessary direction, particularly, upon the respondent nos.7 to 9 to consider the mass petition submitted by the local residents of Sompara - I Gram Panchayat for closure of illegal Wine IM FL Shop which is running in violation of the Excise Act and Rules. Within a radius of 100 metres of the said shop, there is a school, a temple and a hospital. When the matter last appeared for hearing on 27th August, 2026, Mr. Gupta, learned Additional Government Pleader appearing for the State informed this Court that the private respondents are the salesman in a liquor shop situated at Sompara Gram 2 Panchayat-I, Rejinagar, Berhampore. One Smt. Saraju Saha is the license holder and such license is valid till 31st March, 2027. Today, Mr. Gupta further intimates this Court that there is a subsisting Partition Suit amongst the co- sharers of the plot of land comprised in R.S. Plot No.749 situated at Mouza Sompara being Partition Suit No.313 of 2024. The petitioner herein purchased some portion of the concerned plot of land from one of the alleged co-sharers, namely, Arati Ganai. Let the documents, as placed, be kept on record. Mr. Shaikh, learned advocate appearing for the writ petitioner, however, denies and disputes the contention of Mr. Gupta and submits that the liquor shop is situated in a congested residential area and is being run without license. Such contention has been disputed by Mr. Gupta. Mr. Mondal, learned advocate appearing for the respondent nos.11 to 13 submits that the said respondents are not the license holders of the concerned liquor shop but they are the salesman in liquor shop. The dispute urged in the present Public Interest Litigation is purely private dispute in nature and as such, no interference is called for. Heard the learned advocates appearing for the respective parties and considered the materials on record. 3 In the writ petition, no averment has been made as regards the fact that the petitioner had purchased any portion of the plot of land being R.S. Plot No.749 corresponding to L.R. Plot No.749 & 749/1841 situated at Mouza Sompara. It has also not been disclosed that there is pending Partition Suit amongst the alleged co-sharers pertaining to the said land. It appears that the petitioner has a direct relation with the R.S. Plot No.749 upon which allegedly a liquor shop is running illegally. Such contention clearly indicates a private dispute and in view thereof, no interference is called for, moreso when, the documents have been produced to the effect that the liquor shop is running on the basis of a license issued by the competent authority. Accordingly, the writ petition being WPA (P) 411 of 2026 is dismissed. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Atarup Banerjee, J.) (Tapabrata Chakraborty, A.C.J.)