Page No.# 1/5 GAHC010202752024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1919/2025 BHARGOB JYOTI NATH S/O LATE UPENDRA NATH RESIDENT OF VILLAGE TUMUKI BIHAGURI DIST SONITPUR ASSAM TEZPUR 2: SRI LAMBODAR NATH S/O CHENA RAM NATH RESIDENT OF VILLAGE TUMUKI BIHAGURI DIST SONITPUR ASSAM TEZPUR VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY DEPARTMENT OF EXCISE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI- 781006. 2:THE JOINT SECRETARY DEPARTMENT OF EXCISE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 Page No.# 2/5 KAMRUP METROPOLITAN ASSAM. 4:THE DISTRICT COMMISSIONER SONITPUR TEZPUR ASSAM. 5:THE SUPERINTENDENT OF EXCISE SONITPUR DISTRICT TEZPUR SONITPUR ASSAM. 6:M/S YASH ENTERPRISE REPRESENTED BY ONE OF ITS PARTNER HARISH KUMAR PAREEK ( 47 YEARS) SON OF LATE JUGAL KISHORE PAREEK RESIDENT OF BHUPEN DEKA PATH BAM PORBOTIA P.O. AND P.S.- TEZPUR DIST.- SONITPUR ASSAM. ------------ Advocate for applicants : MR. R BORA Advocate for respondents: MS A DAS appearing for THE STATE OF ASSAM Linked Case : WP(C)/5131/2024 M/S YASH ENTERPRISE REPRESENTED BY ONE OF ITS PARTNER, HARISH KUMAR PAREEK ( 47 YEARS), SON OF LATE JUGAL KISHORE PAREEK, RESIDENT OF BHUPEN DEKA PATH, BAM PORBOTIA, P.O. AND P.S.- TEZPUR, DIST.- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006. 2:THE JOINT SECRETARY Page No.# 3/5 DEPARTMENT OF EXCISE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI- 781006. 3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 KAMRUP METROPOLITAN ASSAM. 4:THE DISTRICT COMMISSIONER SONITPUR TEZPUR ASSAM. 5:THE SUPERINTENDENT OF EXCISE SONITPUR DISTRICT TEZPUR SONITPUR ASSAM Advocate for the Petitioner : MR. R PHUKAN, MS A DAS,N CHAUDHURY,MR. R MAHANTA,MR. P TALUKDAR Advocate for the Respondent : SC, EXCISE DEPTT., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27.08.2025 Heard Mr. R. Bora, learned counsel for the applicants. Also heard Mr. R. R. Gogoi, learned Standing Counsel for the Excise Department/opposite party and Mr. N. Chaudhury, learned counsel for the writ petitioner/opposite party. 2. This is an application seeking impleadment of the applicants, namely, (i). Shri Bhargab Jyoti Nath, S/o Late Upendra Nath, resident of Village Tumuki, Page No.# 4/5 Bihaguri, District Sonitpur, Tezpur and (ii). Shri Lambodar Nath, S/o Chena Ram Nath, Resident of village Tumuki, Bihaguri, District-Sonitpur, Tezpur, in the connected writ petition being WP(C) No. 5131/2024 as respondent Nos. 6 & 7. 3. It is the contention of the learned counsel for the applicants that the applicants are the residents of the locality of Gerua Gaon, Bihaguri, Tumuki, wherein, the writ petitioner has proposed to shift his IMFL ‘OFF’ shop from Missamari. The applicants have made an objection in view of the fact that the setting up/shifting of IMFL ‘OFF’ shop by the petitioner would adversely affect the people of the area and the proposed area is located not within the permissible distance under provisions of the Assam Excise Act, 2000 and the Rules framed, thereunder. 6. Mr. Chaudhury, learned counsel for the opposite party/writ petitioner has vehemently objected to the prayer for impleadment on the ground that the applicants have not shown that they are the permanent residents of the area where the IMFL ‘OFF’ shop of the petitioner is sought to be shifted. The area where the applicants claim to be residing belongs to one Dibas Subedi. Therefore, the applicants are not a necessary party. Having considered the submission of the learned counsel for the parties and also on perusal of the materials, it appears that the applicants are the residents of the locality where the petitioner has proposed to shift his IMFL ‘OFF’ shop, which may have an adverse effect on the people of the area including the applicants. Thus, I am of the considered view that the applicants are the necessary parties in the present proceedings. Accordingly, the applicants, namely, (i). Shri Bhargab Jyoti Nath, S/o Late Upendra Nath, resident of Village Tumuki, Bihaguri, District Sonitpur, Tezpur and (ii). Shri Lambodar Nath, S/o Chena Ram Nath, Resident of village Tumuki, Bihaguri, District-Sonitpur, Tezpur, are allowed to be impleaded as party Page No.# 5/5 respondent Nos. 6 & 7 in the connected writ petition being WP(C) No. 5131/2024. Interlocutory application stands disposed of. JUDGE Comparing Assistant