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2025 DAILYLAW 14482 (GAU)

ALOK PAREEK v. THE STATE OF ASSAM AND 4 ORS.

WP(C)/3467/2025 · 2025-06-22

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010131122025 2025:GAU-AS:8327 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3467/2025 ALOK PAREEK PROPRIETOR OF M/S NEW WINE SHOP, SON OF RIDHI KARAN PAREEK, RESIDENT OF 4TH FLOOR, BAID COMPLEX, R.K. CHOUDHURY ROAD, KUMARPARA, NEAR NAAMGHAR, KUMARPARA, BHARALUMUKH, DIST. KAMRUP (M), ASSAM -781009. 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 DEPARTMENT OF EXCISE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-781006 3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 KAMRUP ASSAM METROPOLITAN. 4:THE DISTRICT COMMISSIONER SONITPUR TEZPUR ASSAM Page No.# 2/3 5:THE SUPERINTENDENT OF EXCISE SONITPUR DISTRICT TEZPUR SONITPUR ASSAM Advocate for the Petitioner : MS A DAS, N CHAUDHURY Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 23-06-2025 Heard Mr. N Chaudhury, learned counsel for the petitioner. Also heard Mr. PN Goswami, learned Additional Advocate General, Assam appearing for the respondents. 2. The learned counsel for the petitioner submits that the petitioner had applied for shifting of his IMFL “OFF” shop from Rangapara, Ward No. 3 to 2 No. Dolabari, Tezpur, vide application dated 25.06.2024. The petitioner submitted all the required No Objection Certificates, as required under the Assam Excise Rules and pursuant to the same, an enquiry report was submitted by the Inspector of Excise, Tezpur (Sadar), vide letter dated 01.10.2024. 3. The petitioner’s counsel submits that as the respondents were not taking a final decision on the petitioner’s application, the petitioner submitted a representation dated 19.05.2025 to the Commissioner of Excise, praying for passing an appropriate order in respect of the application for shifting of his IMFL “OFF” shop. Page No.# 3/3 4. The petitioner’s counsel submits that the writ petition can be disposed of, if a direction is issued to the Commissioner of Excise, to take a decision on the petitioner’s application for location transfer of his IMFL “OFF” shop. 5. Mr. PN Goswami, learned Additional Advocate General, Assam appearing for the respondents submits that he has got no objection to the prayer made by the petitioner’s counsel. 6. In view of the consent of the parties, the Commissioner of Excise is directed to take a decision on the petitioner’s application for location transfer of his IMFL “OFF” shop from Rangapara, Ward No. 3 to 2 No. Dolabari, Tezpur. The same should be done within a period of 1 (one) month from the date of receipt of a certified copy of this order. 7. The writ petition is disposed of accordingly. JUDGE Comparing Assistant