Ankush Bajoria And Ors vs State Of Tripura And Ors

Heard Mr. P.K. Ghosh, learned counsel appearing for the petitioners as well as Mr. D. Bhattacharjee, learned G.A. appearing for the respondents.

All these writ petitions being W.P.(C) No.395 of 2020, W.P(C) No.396 of 2020 and W.P.(C) No.400 of 2020 are consolidated for disposal by a common judgment inasmuch as a common question falls emerges for response. It is undisputed that the petitioners have been granted license for running the foreign liquor sand country liquor shops in terms of the memoranda dated 31.03.2020 and 13.03.2020. The petitioners have asserted that the quarterly license fee for the period from 01.04.2020 to 30.06.2020, as determined by the said memorandum, has been deposited by each of the petitioners. But for pandemic situation, the National Disaster Management Authority has in exercise of powers conferred under Section 6(2)(i) of the Disaster Management Act, 2005 decided to lock down the public activity for ensuring social distancing in order to prevent the spread of COVID-19 in the country. In compliance of the guidelines, issued in pursuance thereto, all the shops including the foreign and country liquor shops were closed down for a substantive period. The petitioners, except the writ petitioner in W.P.(C) No.400 of 2020 who has approached this court without filing any representation, have raised only one plea in support of which they filed the representation to the Commissioner of Excise, Government of Tripura for granting exemption of the license fee proportionately for the period when the liquor shops were shut down for the lock down.

It has been brought to our notice that the Commissioner of Excise, Government of Tripura by the communication dated 02.05.2020 had allowed the liquor shops to open w.e.f. 04.05.2020 on observing social distancing parameters strictly. Having regard to the factual matrix, we are of the view that the licensing authority is only competent to decide whether they would exempt the license fee for the period when the petitioners' liquor shops were under the restriction order of the National Disaster Management Authority. Apparently, we find that the restriction was clamped for greater public safety. The licensing authority owes an obligation to decide on the relief asked by the petitioners meaning to decide whether the license fee can be exempted for the lock down period as an economic relief to the petitioners. As we have already pointed out that the petitioners in W.P.(C) No.395 of 2020 and W.P.(C) No.396 of 2020 have filed representation to the Commissioner of Excise, but the petitioner in W.P.(C) No.400 of 2020 has not filed any. The petitioners have not filed any prayer to the licensing authority and hence, they are directed to file representation to the Collector of Excise, West Tripura, Agartala seeking such exemption of the license fee. Such representation shall be filed within a period of 7[seven] days from today and thereafter, the Collector of Excise shall take decision whether such exemption can be extended to the petitioners or not, within a period of one month from the date of receipt of such representation. We are providing one month's time for the reason that concurrence of the higher authorities might require for taking such decision as, a greater impact in respect of all the licensees may ensue.

In terms of the above, these writ petitions stand allowed.

There shall be no order as to costs.

A copy of this order be furnished to the counsel for the parties in the course of the day.