Ganga Deka Vs the State of Assam and 4 Ors.

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GAHC010202472023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/5289/2023

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GANGA DEKA WIFE OF SHRI DILIP RAJBONGSHI, RESIDENT OF WARD NO.7, HAJO ROAD, NALBARI, P.O. NALBARI, DIST.- NALBARI, ASSAM, PIN- 781335

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI- 781006 3:THE DEPUTY COMMISSIONER NALBARI ASSAM PIN- 781335 4:THE SUPERINTENDENT OF EXCISE NALBARI ASSAM PIN- 781335 5:THE INSPECTOR OF EXCISE NALBARI ASSAM PIN- 78133

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Advocate for the Petitioner : MR. N J KHATANIAR, P BORAH

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Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT.

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BEFORE HON’BLE MR. JUSTICE KARDAK ETE

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O R D E R

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Date : 03.03.2025.

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Heard Mr. N. J. Khataniar, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Standing Counsel for the Excise Department representing the respondent Nos.1, 2, 4 & 5 and Mr. S.R. Baruah, learned State Counsel appearing for respondent No.3.

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The petitioner is aggrieved by the decision of the respondent authorities to not grant the IMFL ‘On’ License to the petitioner by putting a restriction of granting said license in the District of Nalbari.

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The case of the petitioner is that on 18.06.2020, he applied for IMFL ‘On’ License for the premises situated at Jilikani Chowk, Hajo Road, Nalbari Town covered by Municipal Holding No.485, by submitting all the requisite documents along with the application with fee(s) of Rs. 1,00,000/- (Rupees One Lakh) only.

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The Inspector of Excise, Nalbari after conducting inquiry, as regards the feasibility of granting of IMFL ‘On’ License in the said location, suggested and recommended for issuance of the said license. Thereafter the Deputy Commissioner, Nalbari District has forwarded the same to the Commissioner of Excise, Assam vide order dated 12.08.2021, for grant of the said IMFL ‘On’ License to the petitioner.

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Mr. N. J. Khataniar, learned counsel for the petitioner submits that while

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the matter was pending for consideration, the Government has decided not to grant any IMFL ‘On’ License in respect of the Nalbari District. He submits that since the authorities after proper enquiry has recommended to the competent authority for grant of the said license, the decision of to not grant the license without any reason, is arbitrary.

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The learned counsel for the petitioner, while placing the copy of the order dated 14.08.2024, passed by coordinate Bench of this Court in WP(C) No.5290/2023, submits that this Court has provided that the respondent authorities shall consider the application of the petitioner for issuance of an IMFL ‘On’ License in Nalbari, in the identified premises, as and when the restriction imposed vide the communication dated 22.10.2021, is lifted. However, such consideration would be so made, strictly, in accordance with the Act and Rules governing the field.

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Mr. N. Goswami, learned Standing counsel for the Excise Department submits that the decision of the Government, restricting the issuance of IMFL ‘On’ Licenses in Nalbari District is in the interest of public and the restriction is until further order.

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Having considered the submissions of learned counsel for the parties and also the order dated 14.08.2024, passed in WP(C) No.5290/2023, I am of the considered view that the order passed by the coordinate Bench of this Court is squarely cover the present case.

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Accordingly, this writ petition is disposed of by granting similar relief as granted by the order dated 14.08.2024, in writ petition (supra), considering the submissions made by the learned counsel for the respondents that as and when the order dated 12.08.2021 is withdrawn, the application of the petitioner would

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be revived and the same would be considered in accordance with the Act and the Rules.

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Thus, it is provided that the respondent authorities shall consider the application of the petitioner for issuance of an IMFL ‘On’ License in the aforesaid premises in the Nalbari District, as and when the restriction imposed by the Government is lifted, in accordance with the relevant Act and Rules.

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The writ petition stands disposed of in terms of the above direction.

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JUDGE

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Comparing Assistant

Ganga Deka v. the State of Assam and 4 Ors.

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