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GAHC010011922021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/441/2021 PRASANTA BURA GOHAIN S/O. NANDESWAR BUR GOHAIN, VILL. CHANWARIA, P.O. MACHKHOWA, P.S. DHAKUAKHANA, DIST. DHEMAJI, ASSAM, PIN-787055 AND PROPRIETOR OF (BURAGOHAIN ENTERPRISE) HAVING ITS PLACE OF BUSINESS AT ZOO NARENGI ROAD, C/O. SRI ATUL CHANDRA DEKA GEETA NAGAR PATH, HOUSE NO.103, WARD NO.24, KAMRUP (M), ASSAM.
VERSUS THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EXCISE DEPTT., SACHIVALAYA, GUWAHATI-06, ASSAM.
2:THE COMMISSIONER OF EXCISE HOUSEFED COMPLEX DISPUR GUWAHATI-781006.
3:THE ADDL. COMMISSIONER OF EXCISE HOUSEFED COMPLEX DISPUR GUWAHATI-781006.
4:THE SUPDT. OF EXCISE KAMRUP (M)
GUWAHATI DIST. KAMRUP (M)
ASSAM.
5:THE SUPDT. OF EXCISE DHEMAJI DIST. DHEMAJI ASSAM PIN-787057.
6:THE DY. COMMISSIONER KAMRUP (M)
DIST. KAMRUP (M)
ASSAM PIN-781001.
7:THE DY. COMMISSIONER DIST. DHEMAJI ASSAM PIN-787057 Advocate for the Petitioner : MR. JYOTIRMOY ROY Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/3096/2020 UTPAL BARUAH S/O LATE MAHENDRA KR. BARUAH R/O HOUSE NO. 3 NAHARANI PATH HATIGAON GUWAHATI P.S.-HATIGAON DIST-KAMRUP(M)
ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EXCISE DEPARTMENT SACHIVALAYA DISPUR ASSAM-781006
2:THE COMMISSIONER OF EXCISE HOUSEFED COMPLEX DISPUR GUWAHATI-781006
3:THE ADDITIONAL COMMISSIONER OF EXCISE HOUSEFED COMPLEX DISPUR GUWAHATI-781006
4:THE SUPERINTENDENT OF EXCISE KAMRUP(M)
GUWAHATI DIST-KAMRUP(M)
ASSAM
5:THE SUPERINTENDENT OF EXCISE NAGAON DIST-NAGAON ASSAM
6:THE DEPUTY COMMISSIONER NAGAON DIST-NAGAON ASSAM
7:THE DEPUTY COMMISSIONER KAMRUP(M)
DIST-KAMRUP(M)
ASSAM ------------
Advocate for : MR. S BORTHAKUR Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS.
Linked Case : WP(C)/5055/2020 DIPALI KAKOTI W/O. LT. PRANAB KAKOTI R/O. BONDA BIRKUCHI GUWAHATI-26 DIST. KAMRUP (M)
ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EXCISE DEPTT.
DISPUR GUWAHATI-06.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EXCISE DEPTT.
DIPUR GUWAHATI-781006 ASSAM.
3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-06 ASSAM.
4:THE DY. COMMISSIONER KAMRUP (M)
GUWAHATI-781001.
5:THE DY. COMMISSIONER DIBRUGARH DIST. DIBRUGARH ASSAM.
6:THE SUPDT. OF EXCISE DIBRUGARH DIST. DIBRUGARH ASSAM. ------------
Advocate for : MR. A KHANIKAR Advocate for : SC EXCISE DEPTT. appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/4826/2020 GAYATRI BORA D/O LATE PRABODH CHANDRA BORA RESIDENT OF JURIPAR SIX MILE PANJABARI ROAD PO KHANAPARA GUWAHATI DSIT KAMRUP M ASSAM 781022 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI 781006
2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI 781006
3:COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI 781006
4:DEPUTY COMMISSIONER NAGAON NAGAON ASSAM 782001
5:DEPUTY COMMISSIONER KAMRUP M GUWAHATI 1 ------------
Advocate for : MR. S BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4872/2020 LITUMONI NATH W/O PANKAJ DEKA RESIDENT OF BOKAKHAT TOWN PO AND PS BOKAKHAT DIST GOLAGHAT
785612 ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI 781006
2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI 781006
3:THE SUPERINTENDENT OF EXCISE SONITPUR TEZPUR SONITPUR ASSAM 784001
4:THE DEPUTY COMMISSIONER SONITPUR TEZPUR 784001 ASSAM
5:THE DEPUTY COMMISSIONER GOLAGHAT
785702 ------------
Advocate for : MR B KAUSHIK Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
['S BORTHAKUR', '', 'D GOGOI', 'GA', 'ASSAM', '', 'SC', 'EXCISE DEPTT']
ORDER
22.02.2021 WP(C)/4826/2020 Heard Mr. K. N. Choudhury, the learned Senior Counsel assisted by Mr. J. Patowary, the learned counsel for the petitioner. Also heard Mr. P. N. Goswami, the learned Standing Counsel for the Excise Department, Assam.
The petitioner is aggrieved due to non consideration of her prayer for shifting of an IMFL “OFF” license by giving retrospective effect to the amended Rule 294A of the Assam Excise Rules, 2016. The petitioner has a license of a retail shop of IMFL (Wine Shop). The license was issued to the petitioner on 02.09.1999 for the area of Srimanta Sankardev Path, Nagaon town in the district of Nagaon. But due to some problem, she applied for shifting of her wine shop from the existing place of business at Nagaon Town to Tripura Road, Jawahar Nagar, Guwahati on 22.02.2019. The NOC for such shifting was issued by the Deputy Commissioners, Nagaon and Kamrup (M) more than one year ago. The departmental inspection/enquiry was also conducted and the reports are in favour of shifting of petitioner’s wine shop. After issuance of NOC by the Deputy Commissioner, Nagaon, the wine shop of the petitioner was closed. Accordingly, this writ petition is filed seeking for an appropriate writ/order to the respondent authority for passing necessary order allowing shifting of the petitioner’s wine shop. WP(C)/3096/2020 Heard Mr S. Borthakur, the learned counsel for the petitioner. Also heard Mr. P. N.
Goswami, the learned Standing Counsel for the Excise Department, Assam.
The petitioner is aggrieved due to non consideration of his prayer for shifting of an IMFL “OFF” license by giving retrospective effect to the amended Rule 294A of the Assam Excise Rules, 2016. The petitioner has a license of a retail shop of IMFL (Wine Shop). The license was issued to the petitioner on 28.03.2001 for the area of GNRB road, Fouzdarpatty, Haiborgaon in the district of Nagaon. But due to some problem, he applied for shifting of his wine shop from the existing place of business at GNRB road, Fouzdarpatty, Haiborgaon in the district of Nagaon to Guwahati, Hatigaon Main road in the district of Kamrup (M) on 06.11.2019. But the respondent authority did not consider his prayer. Accordingly, this writ petition is filed seeking for an appropriate writ/order to the respondent authority for passing necessary order allowing shifting of the petitioner’s wine shop.
WP(C)/4872/2020 Heard Mr. B. Kaushik, the learned counsel for the petitioner. Also heard Mr. P. N.
Goswami, the learned Standing Counsel for the Excise Department, Assam.
The petitioner is an IMFL”ON” licensee, who submitted a shifting proposal on
26.12.2019 for shifting of her licensed premises from the existing location at Bokakhat Town in the district of Golaghat to Vill-Dighaljuli, district Sonitpur due to discontinuation of the tenancy agreement by the landlord pursuant to NOC granted by the Deputy Commissioner, Golaghat. The shifting proposal of the petitioner was processed and enquiry was conducted resulting recommendation of the shifting of the licensed premises by the Superintendent of Excise, Sonitpur. Accordingly, the petitioner deposited the non-refundable shifting fee of Rs. 1 Lac on 20.01.2020. However, on the pretext of contemplated amendment of the Assam Excise Rules prohibiting inter-district transfer of any licensed premises, the shifting proposal of the petitioner was kept on hold for some time. Subsequently, the same was processed and finally the recommendation of the Deputy Commissioner dated 09.10.2020 was forwarded to the Commissioner of Excise on 12.10.2020. However, before granting the sanction by the Government and issuance of the formal shifting order, the Assam Excise (amendment) Rules, 2020 came into force w.e.f. 31.10.2020 inserting Rule 294(A), which prohibits inter-district transfer of any licensed premises. Interestingly, on the pretext of Rule 294A, the respondent authorities declined to issue the necessary shifting order in favour of the petitioner th
