Page No.# 1/4 GAHC010099102025 2025:GAU-AS:6083 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2567/2025 SRI DIPANKAR DAS S/O SRI DHANANJAY DAS, LICENSEE M/S NEW COUNTRY SPIRIT SHOP, VILL- 3 NO. KALIPUR, P.O- KUMARIKATA, P.S-TAMULPUR, DIST- TAMULPUR, ASSAM, PIN-781360 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE COMMISSIONER OF EXCISE HOUSEFED COMPLEX DISPUR GUWAHATI-781006 3:DISTRICT COMMISSIONER TAMULPUR ASSAM 4:SUPERINTENDENT OF EXCISE TAMULPUR ASSAM Advocate for the Petitioner : MR. P JAIN, MR V JAMMAR Advocate for the Respondent : SC, EXCISE DEPTT., GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 16.05.2025 Heard Mr. P. Jain, learned counsel for the petitioner, who submits that the petitioner is a licensed country spirit vendor operating his country liquor shop, i.e., M/s New Country Spirit Shop vide licence No.05/2024-25. 2. The petitioner’s grievance is that the District Commissioner, Tamulpur vide the impugned order dated 21.02.2025, has suspended the petitioner’s country spirit retail licence bearing No.05/2024-25 dated 07.06.2024 under Section 30(1) of the Assam Excise Act, 2000, even though the petitioner was not involved in the illegal storage of foreign liquor near his licenced country spirit shop. 3. The petitioner’s counsel submits that the petitioner has been issued summons dated 01.02.2025 under Section 35(3)(1) of the BNSS, informing him that during investigation of Case No.TEX 137/2024 dated 01.02.2025 under Section 53(1)(a) of the Assam Excise Act, 2018, the petitioner was to appear before the Excise Authorities on 03.02.2025. The petitioner accordingly appeared before the authorities and has given his statement with regard to the above case. The petitioner’s counsel submits that till date the respondent Nos.2 & 4 have not taken a decision with regard to the Excise Case No.TEX 137/2024. In view of the above, the suspension order dated 21.02.2025 issued by the District Commissioner, Tamulpur has barred the petitioner from applying for substitution of his country liquor retail shop licence to an IMFL ‘OFF’ shop licence, in terms of the Assam Excise (Amendment) Rules, 2025, which has Page No.# 3/4 already come into force. Further, the petitioner’s livelihood has also been disrupted. 4. The petitioner’s counsel further submits that a representation dated 03.03.2025 has been submitted by the petitioner to the District Commissioner, Tamulpur, with a copy to the respondent No.4, which has not been decided till date. 5. The petitioner’s counsel submits that in view of the above, the respondent Nos.2 & 4 may be directed to take a decision on Excise Case No.TEX 137/2024 dated 01.02.2025, which has been registered under Section 53(1)(a) of the Assam Excise Act, 2018 at Tamulpur Excise Circle. Thereafter, the respondent No.3 should also take a consequential decision, in pursuance to the decision taken by the respondent Nos.2 & 4. 6. Ms. M. Kalita, learned counsel appearing for all the respondents submits that she has got no objection to the prayer made by the petitioner’s counsel. 7. In view of the consent of the parties and the fact that the petitioner’s statement has already been recorded by the Excise Department, the respondent Nos.2 & 4 are directed to take a final decision in respect of Excise Case No.TEX 137/2024 dated 01.02.2025 registered at Tamulpur Excise Circle, within a period of 10(ten) days from the date of receipt of a copy of this order along with a copy of the petition. The respondent Nos. 2 & 4 shall take a decision on Excise Case No.TEX 137/2024, after examining and considering the petitioner’s representation dated 03.03.2025. The decision taken by the respondent Nos. 2 & 4 should be communicated to the petitioner and the respondent No.3, who Page No.# 4/4 shall thereafter pass a consequential order in terms of the decision taken by the respondent Nos.2 & 4 immediately. The petitioner is also given the liberty to furnish a copy of the decision to be taken by the respondent Nos.2 & 4 to the respondent No.3. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant