MONIMOY BAISHYA S/O SONESWAR BAISHYA Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-9-26
HIGH COURT OF GAUHATI
Decided on September 14,2018

Monimoy Baishya S/O Soneswar Baishya Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Heard Mr. TJ Mahanta, learned Senior Counsel assisted by Mr. PP Dutta, learned counsel for the petitioner in WP(C) No. 3106/2017, Ms. N Saikia, learned counsel for the petitioners in WP(C) No. 3128/2015 and WP(C) No. 2719/2015, Mr. DK Sarma, learned counsel for the petitioner in WP(C) No. 6484/2014 and Mr. B Borgohain, learned counsel for the petitioner in WP(C) No. 7798/2015. Also heard Mr. PN Goswami, learned Standing Counsel, Excise Department appearing on behalf of the respondents No. 1 and 2 and Mr. TC Chutia, learned Additional Senior Government Advocate representing respondent No. 3.
(2.) Brief facts of the writ petitions mentioned hereinabove are as follows:- WP(C) No. 3106/2017
(3.) The petitioner in this writ petition was accorded the sanction by the Government of Assam for grant of license for IMFL retail "OFF" shop under the Rule 272(2) of the Assam Excise Rules, 1945 within his own premises vide letter dated 30.03.2001 thereby informing the Commissioner of Excise about the said sanction. Thereafter the respondent No. 1, Commissioner of Excise requested the respondent No. 3, Deputy Commissioner, Dibrugarh to issue the license accordingly on usual terms and conditions on payment of prescribed license fee etc. vide letter dated 03.04.2001. Vide letter dated 09.07.2001, the Deputy Commissioner, Dibrugarh informed the respondent No. 1 that due to enforcement of Model Code of Conduct before the Assam Assembly Election, 2001, the license could not be issued. Vide letter dated 28.08.2001, the petitioner requested the Deputy Commissioner, Dibrugarh to issue the IMFL "OFF" license after the completion of the said election. From the writ petition it is seen that except the said representation in the year 2001, there is no other representation to the concerned authority for granting the licence so issued. It is, however, pleaded that in WA No. 253/2007, a Division Bench of this court passed directions for grant of IMFL "OFF" licence in similar circumstances and subsequent thereto, similar prayer made by persons similarly situated like the present petitioner in other writ petitions for granting of the licence were allowed more specifically in WP(C) No. 3830/2007 and WP(C) 2759/2014 by following the Division Bench decision of this court. The petitioner was under the bonafide expectation that once the matter is decided by this court, the respondent authorities would grant him the license and as such, the delay in filing the writ petition is a procedural one and cannot be attributed to the petitioner. Accordingly, he sought for a direction particularly to the respondent No. 3 to issue the IMFL "OFF" licence to the petitioner without further delay on the basis of the sanction vide letter dated 30.03.2001. WP(C) No. 3128/2015;


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