The Lanka Gurdwara Prabhandak Committee and Anr v. Subir Chakraborty and 7 Ors

ORDER

01.12.2023 Heard Ms. B. Choudhury, learned counsel for the applicants, who by means Page No.# 3/4 of this application are seeking impleadment in the connected WP(C)/3291/2023.

¶2The cause of action in this writ petition is a closure of IMFL "ON" Shop of the writ petitioner. The said closure as per the writ petition is upon some verbal orders by the Excise Authority based upon the complaints lodged.

¶3It is submitted by Ms. Choudhury, learned counsel that it is the applicants, who had lodged the complaints and therefore, they may be given an opportunity of hearing.

¶4Shri S. Nandi, learned counsel for the opposite party / writ petitioner has however objected to the prayer for impleadment

¶5Also heard Shri D. Gogoi, learned Standing Counsel, Excise Department.

¶6In paragraph 8 of the writ petition, a specific averment has been made that it is on the complaint of the applicants that the impugned action has been taken. For ready reference, the averments made in paragraph 8 is extracted hereinbelow- "That accordingly, the petitioner started renovating this existing restaurant for the opening of the bar and alongside also started the registration process of his license under Assam Excise Portal for issuance of permit / transport pass for lifting of IMFL at 'Tonique Restaurant & Bar'. In the meantime, a local Gurdwara viz. Sri Guru Singh Sabha and a local school under the name and style Parsuram Mazumdar Girl's High School came to know about the opening of the IMFL "ON" Shop and immediately started protesting it on the ground that it was close to educational institution and place of worship etc. They were also joined by Lanka Sikh Sachatan Nagarik Manch whereby they started threatening the petitioner and started noisy Page No.# 4/4 demonstration in front of the petitioner's Restaurant & Bar. They have also submitted various written complaints to the Deputy Commissioner along with Superintendent of Excise and Deputy Superintendent of Excise, Lanka."

¶7This Court is of the opinion that by the present application, the applicants are only seeking a scope of being heard at the adjudication of the writ petition which is an outcome of the complaints lodged by the applicants.

¶8In view of the above, the I.A. stands allowed and the applicants, namely, The 'Lanka Gurdwara Prabhandak Committee', Lanka, District – Nagaon represented by its President, Shri Dilip Singh, Ward No. 4, Lanka Town, PO & PS – Lanka, District – Hojai and The 'Lanka Sachetan Sikh Nagarik Mancha' represented by its Secretary, Shri Ranjit Singh, Ward No. 4, Lanka Town, Railway Station Road, PO & PS – Lanka, District – Hojai are impleaded as party respondent nos. 8 and 9. JUDGE Comparing Assistant

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