Mr. D. P. Borah, learned counsel of the petitioners. Also heard Mr. R. R. Gogoi, learned Standing counsel, Excise Department and Ms. S. Baruah, learned Government Advocate for the State respondents.

By filing the instant petition under Article 226 of the Constitution of India , the petitioners are seeking directions inter-alia to the respondent authorities to consider the objection representation submitted by the petitioner praying for not allowing the respondent No. 7 to set up his “IMFL OFF” Shop at N.S.C.B Road, Krishna Nagar, Municipal Holding No. 36, Ward No. 9, Hojai Town. The brief facts of the case is that the petitioners who are residence of the locality, wherein the “IMFL OFF” Shop of the respondent No. 7, is proposed to be set up. It is the specific case of the petitioners that the said “IMFL OFF” Shop is being set up in the proposed location in violation of the provisions of the Assam Excise Rules.

Paragraph 5 of the petition is reproduced hereunder for ready reference:

“5. That your Petitioners state that the "IMFL 'OFF"" Shop of the Petitioner is set up in the aforesaid location in violations of the provisions of the Assam Excise Rules which may be summarized belo