Gauhati High Court
Kaberi Das vs The State Of Assam And 3 Ors on 27 October, 2025
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GAHC010172562025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4428/2025
KABERI DAS
W/O. SRI PARTHA CHOUDHURY, R/O. H/NO. 79, K.K. BHATTA RAOD, FIRST
FLOOR, SATYANARAYAN LOTUS, P/S. LATASIL, GUWAHATI-781003, DIST.
KAMRUP (M)
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EXCISE DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER OF EXCISE
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI-6
3:THE DISTRICT COMMISSIONER
KAMRUP (M)
DIST. KAMRUP (M)
GUWAHATI
ASSAM
PIN-781036.
4:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
EXCISE DEPARTMENT
ASSAM SECRETARIAT
DISPUR
ASSAM
PIN-781006
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Advocate for the Petitioner : MR H K SARMA, MR. D THAOSEN,MR J LOTHA,MR B D DAS
Advocate for the Respondent : SC, EXCISE DEPTT., GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
27.10.2025
Heard Mr B D Das, learned Senior Counsel, assisted by Mr B Thaosen, learned
counsel appearing for the petitioner. Also heard Mr D Gogoi, learned Standing Counsel
appearing on behalf of the Department of Excise.
2. The grievance in this writ petition is that the respondents have withheld the
sanction granted to the petitioner for an On-Shop Liquor License. The respondents have
filed their affidavit-in-opposition, admitting that sanction had been accorded for the said
license, but the same was kept withheld in pursuance of a letter received from the
Hon'ble Minister of Excise, informing the Department that there was a widespread
resentment among the public, students and faculties of Gauhati University, against the
grant of the aforesaid license.
3. Reference has also been made to the letter dated 26.05.2025, issued by the
Commissioner of Excise that the said directions of the Hon'ble Minister had led to the
license being kept withheld.
4. On a pointed query made by this Court, Mr D Gogoi, learned Standing Counsel,
Excise has prayed for some time to obtain instructions, as to the grounds which can be
taken into consideration by the concerned authorities, while granting or rejecting a
sanction for such IMFL On-Shops, and/or whether the authorities can "withhold" the
issuance of a license even when an allottee satisfies the conditions precedent.
5. This Court also notes that Mr Das, the learned Senior Counsel has raised an issue
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that it is not known as to how long the Department proposes to withhold the license
without taking any further action on the issue.
6. At the request of Mr D Gogoi, learned Standing Counsel, list this matter again on
6th of November, 2025.
7. Mr B D Das, learned Senior Counsel has also referred to certain judgments of the
Delhi High Court and the Apex Court to emphasize that sanction once granted cannot be
withheld in the manner sought to be done by the respondents.
JUDGE
Comparing Assistant
