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Judgment
Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel for the petitioner as well as Mr. D Bhattacharjee, learned GA appearing for the respondents No. 1, 2 & 3.
The grievance of the petitioner in a nutshell is that the bid that he had submitted in response to the DNIT dated 15.01.2020 [Annexure-2 to the writ petition] in respect of Sekerkote Foreign Liquor Shop, Sekerkote has been cancelled on the ground that the site he has offered cannot be accepted by the licensing authority inasmuch as within 100 meters from that site there exists the office of a political party, and as such the bid of the petitioner is hit by rule 26 of the Tripura Excise Rules, 2014 as amended from time to time and that cannot be accepted.
Mr. S.M. Chakraborty, learned senior counsel has submitted that at the time of filing the bid, no such office did exist. It is at the instance of the respondent No. 4, such office has been set up after the bid was submitted and as such the said objection cannot be used against the petitioner.
When queried by this court, Mr. Chakraborty, learned senior counsel has fairly submitted that such contention has never been raised before the Collector of Excise, West Tripura District, Agartala who is the licensing authority.
Having confronted with such circumstances and as we cannot decide the controversy of this nature, the petitioner is given liberty to file a comprehensive representation laying down his contention to the Collector of Excise, West Tripura District, Agartala in the course of the day.
The Collector shall enquire and decide the matter substantively. But, such decision should be taken by 26.05.2020. Till then, the fresh licence pursuant to the DNIT dated 15.01.2020, shall not be issued to anyone including the respondent No. 4, if not already issued.
However, in the event of issuance of the DNIT, the inquiry still be made and the result of such inquiry be communicated to the petitioner. It is needless to say that the petitioner shall be at liberty to approach this court afresh, if he feels aggrieved by any decision of the respondent No. 3, the Collector of Excise, West Tripura District, Agartala.
A copy of this order be issued to the counsel for the parties in the course of the day.
In terms of the above, this writ petition stands disposed of.
No order as to costs.