In an IA for impleadment in a writ petition regarding the closure of an IMFL shop, the Gauhati High Court allowed the application and impleaded the complainants as respondent nos. 8 and 9.
The application for impleadment was allowed; the applicants were impleaded as respondent nos. 8 and 9.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010183962023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2620/2023 in WP(C)/3291/2023
THE LANKA GURDWARA PRABHANDAK COMMITTEE AND ANR. LANKA, DISTRICT NAGAON, ASSAM, REPRESENTED BY ITS PRESIDENT, SRI DILIP SINGH, S/O SANTA SINGH, WARD NO.4, LANKA TOWN, P.O AND P.S. LANKA, DISTRICT HOJAI, ASSAM.
2: THE LANKA SACHETAN SIKH NAGARIK MANCHA
REPRESENTED BY ITS SECRETARY SRI RANJIT SINGH S/O LATE SATYANARAYAN SINGH WARD NO. 4 LANKA TOWN RAILWAY STATION ROAD P.O. AND P.S. LANKA DIST. HOJAI ASSA
VERSUS
SUBIR CHAKRABORTY AND 7 ORS.
S/O- SURENDRA KANTA CHAKRABORTY R/O- WARD NO. 4, GOBINDA NAGAR, P.O. AND P.S.- LANKA, DISTRICT- HOJAI, ASSAM- 782446. PROPRIETOR OF - TONIQUE RESTAURANT AND BAR, BAR-CUMRESTAURANT (IMFL ON SHOP), GOBINDA NAGAR, STATION ROAD, LANKA TOWN, UNDER SUB-DIVISION HOJAI DISTRICT- NAGAON (ASSAM).
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EXCISE DEPARTMENT DISPUR
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GUWAHATI- 781006. 3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI- 781006. 4:THE ADDITIONAL DEPUTY COMMISSIONER (EXCISE) SUB-DIVISION- HOJAI NAGAON ASSAM. 5:THE SUPERINTENDNT OF EXCISE NAGAON ASSAM. 6:THE DEPUTY SUPERINTENDENT (EXCISE) SUB-DIVISION- HOJAI NAGAON ASSAM. 7:THE INSPECTOR OF EXCISE LANKA SUB-DIVISION- HOJAI NAGAON ASSAM. 8:THE DEPUTY COMMISSIONER DISTRICT- NAGAON ASSAM
Advocate for the Petitioner : MS S A KHALIFA
Advocate for the Respondent : MR. B D KONWAR SR. ADV.
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
01.12.2023
Heard Ms. B. Choudhury, learned counsel for the applicants, who by means
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of this application are seeking impleadment in the connected WP(C)/3291/2023.
“That accordingly, the petitioner started renovating this existing restaurant for the opening of the bar and alongside also started the registration process of his license under Assam Excise Portal for issuance of permit / transport pass for lifting of IMFL at ‘Tonique Restaurant & Bar’. In the meantime, a local Gurdwara viz. Sri Guru Singh Sabha and a local school under the name and style Parsuram Mazumdar Girl’s High School came to know about the opening of the IMFL “ON” Shop and immediately started protesting it on the ground that it was close to educational institution and place of worship etc.
They were also joined by Lanka Sikh Sachatan Nagarik Manch whereby they started threatening the petitioner and started noisy
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demonstration in front of the petitioner’s Restaurant & Bar. They have also submitted various written complaints to the Deputy Commissioner along with Superintendent of Excise and Deputy Superintendent of Excise, Lanka.”
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the makers of complaints lodged regarding the closure of an IMFL shop should be impleaded as parties to the writ petition to have an opportunity of hearing.
Subir Chakraborty and 7 Ors.
State of Assam, represented by the Commissioner and Secretary to the Government of Assam Excise Department
Lanka Gurdwara Prabhandak Committee and Anr.
Lanka Sachetan Sikh Nagarik Mancha
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
