M/S Yash Enterprise v. The State of Assam and 4 Ors

ORDER

25.11.2024 No one appears for the petitioner on call.

¶2Ms. U. Das, learned counsel appears for the respondent No.4.

¶3The petitioner's prayer in this writ petition is for a direction to be issued to the respondent authorities, to allow him to shift his IMFL 'OFF' shop from Page No.# 3/3 Missamari to Bihoguri, in terms of the petitioner's application dated 02.11.2023.

¶4The petitioner had applied for shifting of his IMFL 'OFF' shop, as he had been served with a notice by the owner of the premises to vacate the shop premises. As the respondent authorities had not taken a decision on the petitioner's application dated 02.11.2023, the present petition has been filed, with a prayer for issuing the above direction.

¶5It has been brought to the notice of the Court that the District Commissioner, Sonitpur, Tezpur has issued an order dated 02.09.2024 regarding the shifting proposal made by the petitioner from Missamari to a new site located at Gerua Gaon, Bihaguri, Tumuki. The said order dated 02.09.2024 has rejected the proposal made by the petitioner for shifting of his IMFL 'OFF' shop.

¶6The order dated 02.09.2024 issued by the District Commissioner, Sonitpur, Tezpur is made a part of the record and marked as Annexure-X.

¶7In view of the order dated 02.09.2024, it appears that the present writ petition has become infructuous. However, as no one appears for the petitioner, the writ petition is dismissed for non-prosecution. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010177832024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1919/2024 M/SoYASHoENTERPRISE REPRESENTEDoBYoONEoOFoITSoPARTNER o HARISHoKUMARoPAREEKo(47oYEARS) o SONoOFoLATEoJUGALoKISHOREoPAREEK o RESIDENToOFoBHUPENoDEKAoPATH o BAMoPORBOTIA o P.O.oANDoP.S.-oTEZPUR o DISTRICT-oSONITPUR oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo4oORS REPRESENTEDoBYoTHEoSECRETARY o DEPARTMENToOFoEXCISE o GOVERNMENToOFoASSAM o ASSAMoSECRETARIAT oDISPUR o GUWAHATI-o781006. 2:THEoJOINToSECRETARY oDEPARTMENToOFoEXCISE oGOVERNMENToOFoASSAM Page No.# 2/3 ASSAM SECRETARIAT DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 KAMRUP METROPOLITAN ASSAM. 4:THE DISTRICT COMMISSIONER (EXCISE DEPARTMENT) SONITPUR TEZPUR ASSAM. 5:THE SUPERINTENDENT OF EXCISE SONITPUR DISTRICT TEZPUR SONITPUR ASSAM. ------------ Advocate for : MR. R PHUKAN Advocate for : SC EXCISE DEPTT. appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA