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  • provisions of the West Bengal Excise (Change in Management) Rules, 2009,
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  • provisions of the West Bengal Excise (Change in Management) Rules, 2009,
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    Tarak Nath Pal & Ors. v. The State Of West Bengal & Ors.

    Debangsu Basak, J.:— Affidavit-of-service filed in Court today be kept with the record.

    2. The petitioner complains that, despite having acted in terms of an order dated May 19, 2016 requiring Arun Kumar Pal to file requisite application for change of management along with requisite fees under the provisions of the West Bengal Excise (Change in Management) Rules, 2009, the same has not been considered and decided till date.

    3. The State and the respondent nos. 6 and 7 are represented.

    4. Learned Additional Advocate General appearing for the State submits that, the department has received the application and the accompanying fees thereunder. The department will require sometime to decide on the application.

    5. Learned advocate for the respondent no. 7 submits that his client has no objection to the grant of the reliefs as prayed for by the petitioner in the application for change of management.

    6. Learned advocate for the respondent no. 6 submits that, the application for change of management is required to be heard in presence of the parties.

    7. Having considered the rival contentions of the parties, it would be appropriate to request the respondent no. 3 to consider and decide the application made for change of management, in accordance with law. He will afford a reasonable opportunity of hearing to the petitioner and to the respondent nos. 6 and 7. He is at liberty to hear such other parties and consult such documents that he deems fit and proper. He will pass a reasoned order which he will communicate forthwith thereafter.

    8. It is expected that the respondent no. 3 will complete the entire exercise within a period of six weeks from the date of communication of this order.

    9. W.P No. 18731 (W) of 2017 is disposed of without any order as to costs.

    10. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

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    Tarak Nath Pal & Ors. v. The State Of West Bengal & Ors.
    (Jul 25, 2017)