Niranjan Kumar Ray v. The State of Assam and 4 Ors

ORDER Date : 03.05.2024

¶1Heard Mr. B. Gogoi, learned counsel for the petitioner, who submits that the approval orders dated 20.02.2024 and 07.03.2024 issued by the District Commissioner, Dhubri and Commissioner of Excise, Assam, which approved the shifting of the IMFL OFF shop of the respondent No. 5 from Choltogumma to a location next to the petitioner's IMFL Off shop, should be set aside.

¶2The grievance of the petitioner is that the IMFL OFF shop of the respondent No. 5 is hardly 200 meters away from the petitioner's shop, which is in violation of Rule 288 of the Assam Excise Rules, 2016, which provides that the distance of 2 excise shops of similar description in rural area should be 1 K.M.

¶3Mr. B. Gogoi, learned counsel for the petitioner submits that the petitioner had applied for IMFL Off Shop, pursuant to a tender process and the same was allotted to him on 12.02.2024. However, the State respondents have allowed the respondent No. 5 to transfer his wine shop next to the petitioner's shop on

07.03.2024. He submits that the same would seriously affect the business of the petitioner, who has incurred a huge expenditure for allotment of his licence shop.

¶4Mr. B. Gogoi, learned counsel for the petitioner submits that the petitioner submitted a representation dated 18.03.2024 to the District Commissioner, Dhubri to relocate the shop of the respondent No. 5. However, the same has not Page No.# 3/3 been considered till date. He submits that the writ petition can be disposed of, if the respondent No. 3 disposes of the petitioner's representation dated

18.03.2024, after giving an opportunity of hearing to both the petitioner and the respondent No. 5.

¶5Mr. R. R. Gogoi, learned counsel for the respondent Nos. 1 to 4 and Mr. G. Bakalial, learned counsel for the respondent No. 3 submit that they have got no objection to the prayer made by the petitioner's counsel.

¶6In view of the consent of the parties, this writ petition is disposed of, with a direction to the respondent No. 3 to take a decision on the petitioner's representation dated 18.03.2024, after giving an opportunity of hearing to the petitioner and the respondent No. 5, within a period of three weeks from the date of receipt of a certified copy of this order.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010085852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2317/2024o NIRANJANoKUMARoRAYo S/OoSUSHILoKUMARoRAYo R/OoWARDoNO.o23,oBAKHRAPARAo DIST.oBONGAIGAON,oASSAM,oPIN-783380 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEXCISEoDEPARTMENT,oDISPUR,oGUWAHATI-781006,oASSAM 2:THEoCOMMISSIONERoOFoEXCISE oASSAMoHOUSEFEDoCOMPLEX oDISPURoGUWAHATI-o781006oASSAM 3:THEoDISTRICToCOMMISSIONERoCUMoDISTRICToCOLLECTOR oDHUBRIoDIST.oDHUBRIoASSAM 4:THEoSUPERINTENDENToOFoEXCISE oDHUBRIoDIST.oDHUBRI oASSAM 5:RANJANoKUMARoSAHA oS/OoNARAYANoCHANDRAoSAHAo R/OoVILLoANDoP.O.oBASHBARI oP.S.oKAJIGAONo(BTAD) oDIST.oKOKRAJHAR oASSAo AdvocateoforotheoPetitionerooooo:oMR.oBoGOGOIo AdvocateoforotheoRespondento:oSC,oEXCISEoDEPTT.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA