STATE OF WEST BENGAL vs MADAN MOHAN GHOSH .

The Supreme Court upheld the Calcutta High Court's decision that Rule 17 of the West Bengal Excise (Selection of New Sites and Grant of Licence for Retail Sale of Spirit and Certain Other Intoxicants) Rules, 1993 has an overriding effect, allowing holders of existing excise licences to apply for additional licences despite the restrictions imposed by the West Bengal Excise (Selection of Persons for Grant of License at New Sites for Retail Sale of Spirit and certain other Intoxicants other than foreign liquor) Order, 2000. The Court found that the State's policy to limit the concentration of excise licences does not constitute a fundamental right infringement. The appeal by the State of West Bengal was dismissed, affirming the High Court's ruling.