Debangsu Basak, J.:— The Court: Supplementary affidavit filed in Court today be taken on record.
2. An order dated February 26, 2019 passed by the Collector exercising jurisdiction under the provisions of the Bengal Excise Act, 1909 is under challenge in the present writ petition.
3. Learned Senior Advocate appearing for the petitioners submits that, there are two parts of the impugned order. The first part is with regard to imposition of penalty. The petitioners are not aggrieved such portion. The petitioners have complied with the same. The other portion is with regard to violation of Rule 6 of the West Bengal Excise (Change in Management) Rules, 2009. He submits that, the show cause notice is with regard to one charge and to finding the return with the impugned order in respect of another. There being no cohesion between charge levelled and the decision arrived at, such impugned order is without jurisdiction. He, therefore, submits that, the impugned order should be interfered with.
4. Learned Additional Advocate General appearing for the respondents submits that, the impugned order is appealable. Without prejudice to such submission, he submits that, the petitioners by a writing dated March 4, 2019 accepted the impugned order unconditionally. On such score, the writ petition is not maintainable. He seeks directions for filing affidavits without prejudice to the point of maintainability.
5. Learned Senior Advocate appearing for the petitioners seeks a direction for disclosure of the blue-print annexed to the licence, in the affidavit.
6. The issues raised in the writ petition are such that, an opportunity should be afforded to the respondents to file affidavits without prejudice to the point of maintainability.
7. Let affidavit-in-opposition be filed within four weeks from date. Affidavit-in-Reply thereto, if any, be filed within one week thereafter.
8. List the writ petition under the heading “For Hearing” five weeks hence.