GAHC010276502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7269/2025 SMT SUNITI SONOWAL WIFE OF SRI RAJIB DAS, RESIDENT OF NIZ-BHEKULAJAN GAON, P.O.

BHEKULAJAN, DIBRUGARH-786103, ASSAM.

VERSUS THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, HAVING HIS OFFICE AT ASSAM SECRETARIAT, DISPUR, GUWAHATI, DISTRICT- KAMRUP (METRO), PIN CODE- 781006, ASSAM.

2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM EXCISE DEPARTMENT GOVERNMENT OF ASSAM ASSAM SECRETARIATE DISPUR GUWAHATI-781006

3:THE COMMISSIONER OF EXCISE GOVERNMENT OF ASSAM EXCISE DEPARTMENT HOUSEFED COMPLEX DISPUR GUWAHATI-781006

4:THE SUPERINTENDENT OF EXCISE EXCISE DEPARTMENT DIBRUGARH PIN-786003 ASSAM

5:THE DISTRICT COMMISSIONER DIBRUGARH DISTRICT PIN-786003 ASSAM

6:THE COMMISSIONER AND SECRETARY FINANCE (TAXATION) DEPARTMENT GOVERNMENT OF ASSAM ASSAM SECRETARIATE DISPUR GUWAHATI-781006 ASSAM

7:THE COMMISSIONER OF TAXES GOVERNMENT OF ASSAM KAR BHAWAN GANESHGURI DISPUR PIN-781006 GUWAHATI ASSA Advocate for the Petitioner : MR. H. BURAGOHAIN, MS A DEVI,M BURAGOHAIN Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT.,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

06.02.2026 Heard Mr. H. Buragohain, learned counsel for the petitioner; Mr. J.

for the respondent Nos. 6 & 7.

Mr. Buragohain, learned counsel for the petitioner, by producing one order passed by a Coordinate Bench of this Court, dated 22.01.2026, passed in W.P. (C) No. 326/2026, submits that in the said order a direction was issued that no coercive action shall be taken against the petitioner therein till returnable date. Mr. Buragohain also submits that the present petitioner is also similarly situated with the petitioner in W.P.(C) No. 326/2026. Mr. Buragohain further submits that since the present petitioner is also similarly situated and since he has to file application for renewal of his license, similar order may also be passed in the present petition also by directing the respondent authorities not to take any coercive action against him.

On the other hand, Mr. R.R. Gogoi, learned counsel for the respondent Nos. 2, 3 & 4, submits that he has received the instructions and he will be filing his counter affidavit within a period of one week.

Having heard the submissions of learned counsel for both the parties, it is provided that the registry shall list the matter after two weeks.

In the meantime, the respondent authorities may file their affidavit-in-

opposition.

Further, taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, especially considering the fact that in case of similarly situated petitioners, interim relief has been granted, till returnable date, this Court is inclined to grant similar relief to the petitioner herein also.

Accordingly, it is provided that till next date no coercive action shall be taken against the petitioner herein also in terms of Annexure – 8 and 9.

JUDGE

Comparing Assistant