R. S. MONGIA ,C. J.—

Heard Mr. PJ Saikia, learned counsel for the appellant and Mrs. A Hazarika learned Addl. Sr. Govt. Advocate, Assam for the respondents.

2. One Shri Padmeswar Das had filed a writ Petition, i.e., WP (C) No. 4923 of 2000, in this court with a prayer for issuing directions to the official respondents not to take steps to grant IMFL off licence in favour of any body at Chowkidinghee (T. R. Phukan Road). Milan Nagar (Mancotta Road ) and Convey Road in Dibrugarh Town. In that case, a representation had been made by the petitioner therin and some other citizens to the Deputy Commissioner, Dibrugarh reguesting him not to allow any IMFL shop on the aforesaid roads in Dibrugarh town as there are various schools, colleges, including , Govt. Boys' Higher Secondary School, Don Bosco, temple and namghar situated in and around the aforesaid area.

3. Earlier to the filing of that writ petition, in a batch of Pils, i.e. PILs Nos. 10,28 and 3393 of 1999 and Nos. 9,10,11 of 2000 , a Division Bench of this court had delivered a judgment on 13.3.2000 in relation to issue of licences for IMFL shops under the Assam Excise Act, 1910 and the Assam Excise Rules, 1945. The judgment is now reported as 2000 (2) GLT460 Rubul Kanti Roy & Ors. vs.State of Assam & ors. In the said judgment the authorities have been directed to act strictly in accordance with the provisions of the Assam Excise Act, 1910 and the Assam Excies Rules, 1945 before issuing any licence in favour of any shop. WP (C) No. 4923 of 2000 was also disposed of in terms of the Division Bench judgment reported as 2000 (2) GLT 460.

4. Another writ petition, i.e., W.P (C) No. 1946 of 2001 was filed by Shri Prasanta Borpatra, inter alia, praying that the respondents authorities be restrained from issuing any licence for IMFL retail off shops at Mancotta, Mancotta Road (DDA Complex) and Milannagar Mancotta Road) in Dibrugarh town. In the said writ petition it has been mentioned that in the aforesaid area there is Indoor Stadium, besides prominent sports clubs like Milan Jyoti Sangha, Asomi Sangha, educational institutions like Dibrugarh Govt. Boys' Higher Secondary School, Dibrugarh City College, D. J. M. Primary School, and also the District Library of Dibrugarh district. There is a Children park of Dibrugarh town within the vicinity of the area. In has further been stated that apart from the educational institutions, there are several namghars, masjids and other religious institutions situated in the said area.The writ petitioner goes on to say that despite the above, the respondents have granted IMFL off licences to three different persons in the area , though they did not belong to that locality. This was resented to by the residents of the area and a request was made that the said shops be shifted from the area. Apprehending that more shops of IMFL off licences were going to come up in the area, WP (C) No. 1946 of 2001 was filed. The learned Single Judge passed the following order on 4.4.2001 :-

" Heard Mr. P. J. Saikia, learned counsel for the petitioner and Mr. Goswami, learned Government Advocate, Assam.

Let a notice of motion be issued calling upon the respondents to show cause as to why a Rule should not be issued as prayed for or why such further or other order should not be passed as to this court may seem fit and proper. No formal notice need be sent as Mr. Goswami Learned Govt. Advocate accepted notice on behalf of respondents Nos. 1 and 2.

However, petitioner shall take steps for service of notice upon respondent Nos. 3 and 4 within 48 hours.

In the meantime, no licence for running Indian made Foreign Liquor shop in the area at Mancotta, Mancotta Road (DDA Complex and Milannagar) of Dibrugarh Town concerned shall be issued by the official respondents concerned without complying the related provisions of the Act and Rules. It is also made clear that the authority concerned shall duly comply with the earlier related Court's order including the order dated 8th September,

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