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GAHC010080722026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/125/2026

NAVNEET SHARMA

S/O SRI RAMESWAR SHARMA, R/O SONAI BAZAR, P.O. SONAI, DIST.

CACHAR, ASSAM, PIN 788119

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECY. EXCISE DEPTT. TO

THE GOVT. OF ASSAM, DISPUR, GUWAHATI 781006, KAMRUP (M), ASSAM.

2:THE DEPUTY COMMISSIONER

CACHAR

SILCHAR

ASSAM

PIN 788001

3:ADDL. DEPUTY COMMISSIONER

CACHAR I/C EXCISE

SILCHAR

ASSAM

PIN 788001

4:THE SUPERINTENDENT OF EXCISE

CACHAR

SILCHAR

ASSAM

PIN 788001

5:THE SELECTION COMMITEE OF IMFL OFF SHOP LICENSE SONAI

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OFFICE OF PRINCIPAL SECY.

EXCISE DEPTT.

P.O. ASSAM

SACHIVALAYA

DISPUR

GUWAHATI 781006

DIST. KAMRUP (M)

6:SUDIPTO SEKHAR PAUL

S/O DIPON KUMAR PAUL

R/O N.S. AVENUE

BHUBAN SARANI RANGIRKHARI

DIST. CACHAR

SILCHAR 788005

ASSAM

Advocate for the Petitioner : MR. K N CHOUDHURY, MR. TANUZ KASHYAP,N

GAUTAM,MR. D J DAS,MR. R M DEKA

Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR B DEORI,MR G

BHARADWAJ,SC, EXCISE DEPTT.

BEFORE

HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

30.04.2026

(S.K. Medhi, J)

Heard Shri K.N. Choudhury, learned Senior Counsel assisted by Shri R.M.

Deka, learned counsel for the appellant, who has preferred this appeal against

the judgment and order dated 31.03.2026 passed in WP(C)/5702/2022. By the

said judgment, the writ petition instituted by the present respondent no. 6 has

been allowed and the IMFL “OFF” license issued to the present appellant has

been interfered with.

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The learned Senior Counsel has submitted that the view taken by the

learned Single Judge on the point of the role of the Guardian Minister may not

be a correct view.

Let notice be issued, returnable on 29.05.2026.

Shri R.R. Gogoi, learned Standing Counsel, Excise Department accepts

notice on behalf of the respondent nos. the 1, 4 and 5, Ms. S. Sarma, learned

State Counsel accepts notice on behalf of the respondent nos. 2 and 3 and Shri

A. Khanikar, learned counsel for the caveator accepts notice on behalf of the

respondent no. 6.

Shri Choudhury, the learned Senior Counsel prays for an interim order.

Considering the facts and circumstances, it is provided that status quo as

on today be maintained till the returnable date.

JUDGE JUDGE

Comparing Assistant