The Gauhati High Court disposed of this writ petition by directing the respondents to decide the petitioners application for an IMFL licence and subsequent representation within two days.
Directed the respondents to take a decision on the petitioner original application dated 29.1.2010 and representation dated 25.2.2016 within two days.
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GAHC010098192018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3006/2018
1:HEMEN KALITA
S/O- LT ANANDA RAM KALITA, R/O- EAST GOSALA, MALIGAON HILLSIDE, P.O. MALIGAON, P.S. JALUKBARI, GHY-11, DIST- KAMRUP, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, DEPTT. OF EXCISE, DISPUR, GHY-6
2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GHY-6
3:DY. COMMISSIONER
KAMRUP METROPOLITAN DISTRICT EXCISE BRANCH GHY-1
4:THE SUPERINTENDENT OF EXCISE KAMRUP DIST- KAMRUP ASSA
Advocate for the Petitioner : MR. B J TALUKDAR
Advocate for the Respondent : SC, EXCISE DEPTT.
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BEFORE HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 01-06-2018
Heard Mr. B.J. Talukdar, learned counsel for the petitioner. Also heard Mr. P.N. Goswami, learned standing counsel, Excise Department appearing for the respondent Nos. 1, 2 and 4 and Mr. A. Chakravorty, learned State counsel appearing for respondent No. 3.
By this writ petition, the petitioner has sought for a writ of mandamus directing the Deputy Commissioner to issue IMFL “ON” licence in favour of the petitioner in terms of the sanction accorded by the Government of Assam by communication dated 1.2.2011 (Annexure-E).
Mr. Goswami has submitted that in view of the fact that earlier sanction was granted in terms of Assam Excise Rules, 1945 and as now Assam Excise Rules, 2016 have come into operation, the petitioner’s application will have to be reconsidered and thereafter, again sanction has to be accorded. It is submitted by him that by a communication dated 12.3.2018 issued by the Additional Secretary to the Government of Assam, Excise Department to the Commissioner, Excise required the Commissioner, Excise to submit fresh proposal with the present status report. The Commissioner, Excise has directed the Superintendent of Excise, Kamrup to submit fresh proposal with the present status. It is also submitted that pursuant to the said communication, enquiry is being conducted as required. He submits that within a period of two months from today appropriate order will be passed with regard to petitioner’s application dated 29.1.2010 seeking licence (Annexure-B) and his subsequent representation dated 25.2.2016 (Annexure-I).
Mr. Talukdar submits that the writ petition may be disposed of directing the respondent authorities to take a final decision on the application dated 29.1.2010 (Annexure-B) and the representation dated 25.2.2016 (Annexure-I).
Having heard the learned counsel for the parties and on consideration of the submissions made, this writ petition is disposed of directing the respondents to take a decision on the original application of the petitioner dated 29.1.2010 (Annexure-B) and the
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representation dated 25.2.2016 (Annexure-I) within a period of two days from today.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petitioners application for IMFL licence should be decided within a specified time frame.
Hemen Kalita
The State of Assam
The Commissioner of Excise Assam
Dy. Commissioner Kamrup Metropolitan District
The Superintendent of Excise
Arup Kumar Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
