Nikhil Roy v. The State of Assam and 4 Ors

ORDER

29.01.2024

¶1Heard Mr. N.J. Khataniar, learned counsel for the petitioner, who submits that the petitioner has written a letter dated 13.12.2023 to the respondent no.2, against the proposal to shift the IMFL Off Shop from Dhubri town to Halakura Bazar under Halakura Gaon Panchayat, as the Halakura Bazar area already has two IMFL Off shops and the move to shift another IMFL Off shop to the Halakura Bazar area is not acceptable to the residents of Halakura. He further submits that the proposal to shift the IMFL Off shop from Dhubri to Halakura Bazar area is in violation of Rule 289 of the Assam Excise Rules, 2016.

¶2Mr. N.J. Khataniar submits that the writ petition can be disposed of, if the petitioner's representation dated 13.12.2023 is decided by the respondent no.3.

¶3Mr. N. Goswami, learned counsel appears for the respondent nos.1, 2 & 4 while Mr. K. Gogoi, learned counsel appears for the respondent no.3. Both the Page No.# 3/3 counsels submit that they have got no objection to the prayer made by the petitioner's counsel.

¶4In view of the consent of the parties, the respondent no.3 is directed to examine the petitioner's representation dated 13.12.2023 (Annexure-C) and dispose of the same within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order along with a copy of the petition. The decision taken by the respondent no.3 should be communicated to the petitioner.

¶5The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010015072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/417/2024o NIKHILoROYo S/O-oNITYANANDAoROY,o R/O-oVILLAGEoSOUTHoRAIPUR,o P.O-oGOLAKGANJ,oDIST-oDHUBRI,oASSAM,oPIN-783334 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EXCISEoDEPARTMENTo oDISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONERoOFoEXCISE oASSAM oHOUSEFEDoCOMPLEX oDISPUR oGUWAHATI oPIN-781006 3:THEoDISTRICToCOMMISSIONER oDHUBRI oASSAM oPIN-783301 4:THEoSUPERINTENDENToOFoEXCISE oDHUBRI oASSAM oPIN-783301 5:MRIDULoKUMARoMAZUMDAR oS/O-oKHITISHoMAZUMDAR Page No.# 2/3 R/O- DHUBRI TOWN WARD NO-7 DIST- DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. N J KHATANIAR Advocate for the Respondent : SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA