JUDGMENT : Indra Prasanna Mukerji, J. None appears for the State even at the second call. 2. This writ challenges the order of the Excise Commissioner, West Bengal, dated 22nd September, 2010. The effect of this order was that the licence of the writ petitioner No.1 under the West Bengal Molasses Control Act 1973 read with West Bengal Molasses Control (Regulation, Storage and Transport) Notified Order, 1986 was cancelled. On perusal of the said order of the Excise Commissioner, it appears that the salient ground on which the licence was cancelled was that the writ petitioner No.1 enterprise had imported molasses from various suppliers during the years 2002-2003, 2003-2004 and 2004-2005 without obtaining the required NOC from the excise Commissioner, West Bengal. 3. Now it appears that as early as 30th July, 2002, the Government of West Bengal started writing to the writ petitioners that they were required to submit their prayer for obtaining a NOC for importing molasses outside Bengal, in the appended proforma. 4. Mr. Roy submitted that the writ petitioners took no note of this communication because according to them this No Objection Certificate did not find any place in the above Act and above Rules. The ground for cancellation of the writ petitioner No.1's licence was the absence of NOC for the period from 2002-2005. 5. Mr. Roy has taken me extensively through the above Act and Rules. He placed Section 3 of the Act to show the power of the State for making notified orders for regulating production, supply, distribution of molasses and trade in respect thereof, generally. He also drew my attention to Section 3(2)(c) which provides for issuance of a licence for this purpose. He read rule 5 of the above notified order of 1986 to emphasise the form of application for licence and the form in which the licence was granted on such application. On 5th November, 2007, the above notified order of 1986 was amended by insertion of paragraph 7 in form B to the following effect :- "The holder of the license shall apply for a "No Objection Certificate" or a "Permit" as the case may be for importing any quantity of molasses in West Bengal from outside the State in the proforma as may be prescribed by the Excise Commissioner, West Bengal from time to time." 6. Therefore, Mr.
Therefore, Mr. Roy was absolutely right when he submitted that prior to 2007, this No Objection Certificate had no existence in the Act or in the above notified order. 7. Hence, the impugned order cancelling the licence was on wrong premises and hence erroneous and illegal. 8. Hence, this writ application is allowed by passing an order in terms of prayer (a) of the writ petition. The respondents should reissue and/or renew the licence of the writ petitioner No.1 on such terms and conditions as they deem fit and proper. 9. I make it clear that since obtaining a No Objection Certificate from 2007 has become mandatory, the writ petitioner No.1 will now, after renewal or obtaining a fresh licence apply for obtaining a No Objection Certificate in accordance with law. The respondents will issue the said certificate accordingly. 10. This writ application is disposed of. 11. All parties concerned to act on a signed photocopy of this order upon the usual undertakings. Writ petition is disposed of.