Page No.# 1/4 GAHC010162972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4222/2025 KABERI DAS W/O SRI PARTHA CHOUDHURY, R/O HOUSE NO. 79, K.K. BHATTA ROAD, FIRST FLOOR, SATYANARYAN LOTUS, P.S - LATASIL, GUWAHATI - 781003, DISTRICT - KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI - 6. 2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DIPSUR GUWAHATI - 6. 3:THE DISTRICT COMMISSIONER KAMRUP METROPOLITAN DISTRICT GUWAHATI ASSAM - 781036 For the petitioner (s) : Mr. B. D. Das, Sr. Advocate Mr. J. Lotha, Advocate For the respondent (s) : Mr. S. R. Baruah, Govt. Advocate Mr. R. R. Gogoi, SC, Excise Deptt. Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 30.07.2025 Heard Mr. B. D. Das, the learned senior counsel assisted by Mr. J. Lotha, the learned counsel appearing on behalf of the petitioner. Mr. R. R. Gogoi, the learned counsel appears on behalf of the Excise Department and Mr. S. R. Baruah, the learned counsel appears on behalf of the respondent No.3. 2. The case of the petitioner herein is that vide the communication dated 20.05.2025, the Excise Department of the Government of Assam had directed the District Commissioner, Kamrup Metropolitan District to issue the IMFL “ON” Shop license in favour of the petitioner and the petitioner was directed to make certain payments in that regard. The petitioner accordingly deposited the said amount and inspite of that, the respondent District Commissioner, Kamrup Metropolitan District has not issued the said license. On the other hand, a communication was issued by the District Commissioner, Kamrup Metropolitan District to the Commissioner of Excise stating that the issuance of the license to the petitioner has been halted by the Commissioner of Excise, Assam on the basis of a communication dated 26.05.2025 and sought for certain Page No.# 3/4 instructions in view of the request made by the petitioner for issuance of the said license. It is under such circumstances, the petitioner had approached this Court. 3. Mr. R. R. Gogoi, the learned counsel appearing on behalf of the Excise Department submitted that on account of a communication issued by the Minister of Excise, the Commissioner of Excise, Assam had issued the communication dated 26.05.2025 to the District Commissioner, Kamrup (M) not to issue the license in favour of the petitioner. The said letter dated 26.05.2025 issued by the Commissioner of Excise, Assam as well as the communication issued by the Minister of Excise dated 26.05.2025 was produced before this Court. Copies of the said two documents have also been furnished to Mr. J. Lotha, the learned counsel who is assisting Mr. B. D. Das, the learned senior counsel for the petitioner. 4. Mr. B. D. Das, the learned senior counsel for the petitioner therefore submitted that the petitioner would be well advised to withdraw the instant writ petition and file a composite writ petition challenging the communication dated 26.05.2025 taking into account that the entire process was carried out for granting of the IMFL “ON” Shop license in favour of the petitioner by following the mandate of the Assam Excise Act, 2016 and the Rules framed therein under. Page No.# 4/4 5. Taking into account the said submission, the instant writ petition stands closed on withdrawal. However, this Court grants the liberty to the petitioner to again approach this Court by filing a composite writ petition, if so advised. JUDGE Comparing Assistant