GAJENDRA NATH SARMA Vs. PADMA KANTA CHETIA AND ORS.

JUDGEMENT

(1.) THESE rules arise out of applications under Article 226 of the Constitution of India. As they all raise common questions of law, they can be disposed of by one judgment. The facts of each case however, have to be given separately.

(2.) RULE No. 27 arises out of a petition filed on behalf of Gajendra Nath Sarma who was the lessee of the Panitola Country Spirit Shop in the District of Lakhimpur for the year 1959 -60. For the first time he got settlement of the aforesaid shop in the year 1958 -59. In accordance with the Provisions of the rules framed under the Eastern Bengal and Assam Excise Act, 1910 (hereinafter called the Act) the Excise shops are to be settled by the Deputy Commissioner in Sadar Sub -Division and the Sub -Divisional Officers in other Sub -Divisions by tender system. The settlement by the Sub -Divisional Officer or the Deputy Commissioner is to be sanctioned by the Commissioner. The Deputy Commissioner, Lakhimpur fixed the date of settlement of the country spirit shop in Dibrugarh including Panitola shop for 1960 -61 on 31 -10 -1959 and sale notices were issued accordingly.

(3.) RULE No. 29 arises out of a petition by Sailendra Nath Kakati who was the sitting lessee of the Moran Country Spirit Shop for the year 1959 -60. The date for settlement of this shop was originally fixed on 31 -10 -1959 but it was postponed to 9 -11 -1959 under the direction of the State Government. On that date it was settled for two years, namely 1960 -61 and 1961 -62. The shop was settled by the Deputy Commissioner on the advice of the Advisory Committee on 9 -11 -1959 with Rabindranath Khargharia who has been impleaded as opposite party No. 5 to the present petition. The appeals filed by the Petitioner to the Commissioner and thereafter to the Commissioner of Hills Division and Appeals were both dismissed and the order of the Deputy Commissioner affirmed. This order has been impugned by the present petition.