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THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Sudipto Sekhar Paul – Appellant
Versus
State of Assam represented by Commissioner & Secretary, Excise Department – Respondent
| Table of Content |
|---|
| 1. overview of the petition, factual dispute regarding licence grant, and contentions of the parties. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 9) |
| 2. chronological history of the administrative process, including cabinet directives and improper involvement of the guardian minister. (Para 10 , 11 , 12 , 13 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. analyses of the assam excise rules, 2016 vs. the non-statutory standard operating procedure (sop) regarding licensing authority. (Para 14 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. statutory authorities cannot abdicate discretion to non-statutory entities; administrative actions must be transparent and merit-based. (Para 30 , 31 , 32 , 33 , 34) |
| 5. final order quashing the illegal licence and directing fresh processing if required. (Para 35 , 36) |
JUDGMENT :
Manish Choudhury, J.
Invoking the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has preferred the instant writ petition for a direction to the respondent authorities in the Excise Department, Government of Assam to complete the process of issuance of Indian-Made Foreign Liquor [IMFL] ‘Off’ retail licence for Sona
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