Porimal Kumar Bhowmik vs The State Of Assam And 3 Ors
2022 Latest Caselaw 698 Gua

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GAHC010038112020




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

                              Case No. : WP(C)/1225/2020

           PORIMAL KUMAR BHOWMIK
           S/O- LT. PARESH CHANDRA BHOWMIK, R/O- HAILAKANDI TOWN WARD
           NO. 5, P.O. HAILAKANDI, DIST.- HAILAKANDI, ASSAM

           VERSUS

           THE STATE OF ASSAM AND 3 ORS.
           REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EXCISE
           DEPTT., DISPUR, GHY-6

           2:THE COMM. OF EXCISE
           ASSAM, HOUSEFED COMPLEX, DISPUR
            GHY-6

           3:THE DY. COMMISSIONER, HAILAKANDI

           4:THE SUPERINTENDANT OF EXCISE, HAILAKAND

Advocate for the Petitioner : MR. J LASKAR
Advocate for the Respondent : GA, ASSAM




                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

Date : 28-02-2022

Heard Mr J. Laskar, learned counsel for the petitioner. Also heard Mr. R. Talukdar, learned State Counsel and Ms. K. Saikia, learned Standing Counsel, Excise Department.

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2. The petitioner had applied for IMFL 'On' license in relation to a restaurant cum Hotel at village Ramnathpur Bazar, district Hailakandi .The respondent No. 4 by his communication dated 28.1.2014 recommended for grant of IMFL 'on' license in favour of the petitioner. The Government in Excise Department by its letter dated 10.7.2015 intimated the respondent No.2 that it has accorded sanction for grant of IMFL 'on' license in favour of the petitioner as per provision of Rule 272(2) of Assam Excise Rules, 1945 for a period of one year, subject to renewal year to year basis if there is no adverse finding against the licence under Rule 273 (3) of Assam Excise Rules, 1945 . According to the petitioner had deposited requisite license fee of Rs 50,000/-.

3. In the meantime, one public interest litigation being PIL No. 56/2014 came to be filed by one Saraswati Mahila Samity and another alleging contravention of Rule 183 of Assam Excise Rules 1945 in granting IMFL On license to the petitioner. In the PIL the petitioner Saraswati Mahila Samity and another had stated that it had filed representation dated 27.6.2014 before Deputy Commissioner Hailakandi raising objection to the proposed move on the part of the Excise Department to issue IMFL 'On' license. The said PIL was disposed of by an order dated 9.5.2016. The operative part of the judgment reads as follows:

" It is submitted at the bar that the license has not yet been granted in favour of the respondent No. 4 although the process for doing so has already been initiated . Having regard to the specific provisions contained in Rule 183(2) of the Rules of 1945 and considering the fact that the representation submitted by the petitioners has not yet been disposed of by the concerned authorities, we dispose of this PIL with a direction upon the respondent No. 2 to dispose of the representation dated 27.6.2014 (Annexure -7 to the PIL) submitted by the petitioners with a speaking order bearing in mind the requirements of Rules 183(2) of the Excise Rules as noted above .

7. Until such time the aforesaid exercise is completed, the respondent No. 2 shall not issue any IMFL license in favour of the respondent no.4."

4. The petitioner claimed that though there was direction as aforesaid, the Page No.# 3/3

said Saraswati Mahila Samity and another withdrew the representation filed before the respondent no 2 . It is the case of the petitioner that despite withdrawal of such representation, the authority is not issuing the license to the petitioner.

5. During the course of hearing, the learned State counsel has produced a communication issued by the Superintendent of Excise, Hailakandi which reflects that an enquiry was conducted pursuant to the complaint dated 27.6.2014 by Saraswati Mahila Samity. Accordingly the report was submitted before the Superintendent of Excise, Hailakandi. Since that enquiry has been conducted and the Inspector of Excise has came to his finding, this writ petition is disposed of directing the respondent authorities to take a decision by passing a speaking order as directed by the Hon'ble Division Bench in P.I.L No. 56/2014 and thereafter take a decision on the claim of licensee of the petitioner taking note of the enquiry report as aforesaid.

5. Entire exercise should be carried out within a period of six weeks from receipt of the copy of the order.

Accordingly this writ petition is disposed of.

Communication dated 23.2.2022 of Superintendent of Excise is kept as a part of the record marking as document 'X'.

JUDGE

Comparing Assistant