Khogesh Pegu v. The State of Assam and 5 Ors

ORDER

15.05.2024

Heard Mr. R Dhar, learned counsel for the petitioner and Mr. R R Gogoi, learned counsel for the respondent Nos. 1, 2 & 5 and Ms. U Das, learned Addl. Senior Advocate appears for respondent Nos. 3, 4 & 6. Having regard to the case projected by the petitioner and importantly, the pendency of the representation submitted by the petitioner before the respondent No. 2, the writ petition is taken up for disposal at this stage. [2.] The learned counsel for the petitioner submits that the impugned Notice dated 19.02.2024 issued by the Superintendant of Excise, Dhemaji to the petitioner to shift his IMFL "Off" shop located at Kanduli Mothura, Kulajan, Page No.# 3/4 Silapathar, Dhemaji to a new site with a distance of at least 220 meters from end point of the National Highway should be set aside. The learned counsel submits that the distance of 220 meters from the National Highway to the IMFL shop is not a requirement in terms of the order dated 29.01.2024 passed by the Supreme Court in Review Petition (Civil) No. 1107/2023 arising out of Civil Appeal No. 1788/2023. When the matter was listed on 03.04.2024, Court had directed the learned counsel appearing for the Excise Department to obtain instructions in the matter and in the meantime, till the next listing of the case, the operation of the impugned notice dated 19.02.2024 issued by the Superintendant of Excise, Dhemaji was put on hold. Today, when the matter is listed, it is submitted at the bar that the representation submitted by the petitioner before the respondent No. 2 on 21.03.2024 has not been considered till date. The learned counsel for the petitioner has also drawn the attention of this Court to the order dated 05.03.2018 passed by the Addl. Commissioner of Excise, Assam, allowing as many as 119 license holders to operate their license shop from the original location subject to satisfaction of the concerned District Collector and in compliance of the existing Excise Rules. The learned counsel submits that the petitioner is also entitled to be allowed to operate his license since he is also similarly situated to the license holder as reflected in the order dated 05.03.2018. Page No.# 4/4 [3.] Upon having regard to the grievance projected by the petitioner and the representation had submitted on 21.03.2024, the writ petition is disposed of with a direction to the respondent No. 2 to consider the representation of the petitioner in the light of the directions passed by the Hon'ble Apex Court in the case reflected as above, within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. The petitioner should also submit a copy of the writ petition alongwith a certified copy for consideration by the respondent No. 2. [4.] With the above observation and direction, the Writ Petition stands disposed of. It is further provided herein that till the respondent No. 2 considers and pass appropriate order against the representation submitted by the petitioner, the interim order passed vide order dated 03.04.2024 shall continue. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010067682024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1841/2024o KHOGESHoPEGUo S/OoNEPALoCH.oPEGU,oR/OoVILL-oKANDULIoMOTHURA,oP.O.oANDoP.S.- SILAPATHAR,oDIST-oDHEMAJI,oASSAM,oPINCODE-787059 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oEXCISEoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:COMMISSIONERoEXCISE oASSAM oHOUSEFEDoCOMPLEX oDISPUR oGUAWAHATI-6 3:THEoDISTRICToCOMMISSIONER oDHEMAJI oDIST-oDHEMAJI oASSAM oPIN-787057 4:THEoADDITIONALoDISTRICToCOMMISSIONER oDHEMAJI oDIST-oDHEMAJI oASSAM oPIN-787057 5:THEoSUPERINTENDENToOFoEXCISE oDHEMAJI oDIST-DHEMAJI oASSAM Page No.# 2/4 PIN-787057 6:THE CIRCLE OFFICER (A) DHEMAJI REVENUE CIRCLE DHEMAJI DIST- DHEMAJI ASSAM PIN-78705 Advocate for the Petitioner : MR N N UPADHYAYA Advocate for the Respondent : SC, EXCISE DEPTT. B E F O R E HON'BLE MR. JUSTICE NELSON SAILO