Ujjal Bhuyan, J.

Challenge made in W.P.(C) No.2856/2012 is to the order dated 29-03-2012 issued by the Deputy Commissioner, Kamrup (Metro) directing temporary closure of the licensed premise (bar) of the petitioner under section 52(1) of the Assam Excise Act, 1910.

2. In the course of hearing of W.P.(C) No.2856/2012, a related issue of considerable public importance had surfaced, which engaged the attention of the Court. The related issue is the indiscriminate and mushroom opening of liquor shops and bars in the city of Gauhati in contravention of the excise laws, particularly Rule 183(2) of the Assam Excise Rules, 1945.

3. Accordingly, both the issues, namely, the lis involved between the parties in the proceeding of W.P.(C) No.2856/2012 and the broader issue as noticed above were deliberated upon and are sought to be addressed by this common order. The order, therefore, is in two parts, the first part dealing with the issue raised in W.P.(C) No.2856/2012 and the second part dealing with the larger issue taken up suo-motu by the Court.

W.P.(C) No.2856/2012

4. As noticed above, in this writ petition, petitioner has challenged legality and validity of order dated 29-03-2012 passed by the Deputy Commissioner, Kamrup (Metro) ordering temporary closure of the licensed premise (bar) of the petitioner by exercising power u/s 52(1) of the Assam Excise Act, 1910 (Act).

5. Case of the petitioner is that he fulfilled the necessary conditions for issuance of India Made Foreign Liquor (IMFL) "ON" license. Such license was granted to him on 06-11-2004 by the Collector-cum-Deputy Commissioner, Kamrup (Metro) on sanction being granted by the State Government in the Excise Department. Petitioner operates the said license in his rented premises using it as a bar-cum-restaurant, known as "Mid Town Bar-cum-Restaurant". The rented premises is located on the ground floor of "Basudev Complex", Christian Basti, G.S. Road, Guwahati-5. Though the license was initially issued for one year, it has been renewed from time to time. The license was issued after making due enquiry and complying with the requirements of the Act and the Assam Excise Rules, 1945 (Rules).

6. Respondent No.5 is the landlord of the tenanted premises of the petitioner. He wanted to evict the petitioner from the rented premises.

7. At that stage, petitioner instituted a title suit in the Court of Civil Judge No.3, Kamrup, Guwahati against the move to evict him from the tenanted premises. The suit was registered as Title Suit No.382/2011. An injunction petition was also filed, which was registered as Misc. (J) Case No.235/2011. The Civil Court passed an order dated 17-11-2011 directing the parties to maintain status-quo in respect of possession of the suit premises and also in respect of existing connection of water supply, electricity connection and ingress and egress to and from the suit premises. The civil suit is pending for adjudication with the status-quo order dated 17-11-2011 being extended until further order.

8. Thereafter, a number of organisations of the locality started raising a demand against selling of illicit liquor as well as against the petitioner's bar. Representations were made to various authorities including to the Deputy Commissioner, Kamrup (Metro) and to the Superintendent of Excise, Kamrup (Metro). Side by side, respondent No.5 also represented before the Excise Minister, Government of Assam requesting him not to renew the license of the petitioner.

9. An enquiry was conducted by the Inspector of Excise, Guwahati (Sadar) in view of the complaints lodged. Thereafter, the Circle Officer (A), Guwahati also enquired into the complaints lodged against the petitioner's bar. No anomalies were found regarding the bar.

10. However, in spite of such reports, Deputy Commissioner, Kamrup (Metro) passed the impugned order dated 29-03-2012. Though hearing was fixed, no heari