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2025 DAILYLAW 18166 (GAU)

UTPAL KALITA v. THE STATE OF ASSAM AND 4 ORS.

WP(C)/4882/2025 · 2025-08-26

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010189562025 2025:GAU-AS:11473 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4882/2025 UTPAL KALITA SON OF RAJEN KALITA R/O RANI GATE, P.O. AND P.S. AZARA DIST. KAMRUP (M), ASSAM, PIN-781017 PERMANENT RESIDENT OF VILL- CHAKARDO, P.O. AND P.S. AZARA DIST. KAMRUP (M), ASSAM-781017 VERSUS THE STATE OF ASSAM AND 4 ORS. REP BY THE COMM AND SECY TO THE GOVT OF ASSAM, EXCISE DEPTT, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-781006. 3:THE DISTRICT COMMISISONER HENGRABARI KAMRUP (M) ASSAM PIN- 781036 HENGRABARI KAMRUP (M) ASSAM-781036 4:THE SUPERINTENDENT OF EXCISE. HENGRABARI KAMRUP (M) Page No.# 2/3 ASSAM- 781036 HENGRABARI KAMRUP (M) ASSAM-781036. 5:MR SUKAMAL SINHA PROPRIETOR OF WHISKEY GO GO WINE SHOP O/O MR HARBILASH KAKATI REVENUE VILLAGE- KAHIKUCHI MOUZA- DAKHIN RANI REVENUE CIRCLE- AZARA DIST. KAMRUP (M) ASSAM PIN-781017 PRESENTLY LOCATED AT GNB ROAD SILPUKHURI GUWAHATI-781003 DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MR J SINGH,MR. R SALOI Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27-08-2025 Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Ms. S. Jain, learned counsel for the petitioner. Mr. Konwar, learned Senior Counsel submits that this petition has been filed not only for protection of petitioner’s own legal right, but also in furtherance of the public interest, he may be allowed to withdraw this writ petition with a liberty to approach by way of appropriate application in the interest of the Page No.# 3/3 public. Considering the nature of the issue involved, which pertains to the shifting of IMFL “OFF” retail outlet from GNB Road, Silpukhuri, Guwahati to the proposed premises at Rani Gate, Azara, Rani Road, Revenue Village Kahikuchi, Mouza Dakhin Rani, Revenue Circle Azara, District Kamrup (Metro), Assam, on the ground that such shifting of IMFL “OFF” retail outlet/the trade of liquor/wine in the said area would adversely affect the public at large, the prayer for withdrawal of the writ petition is allowed. Accordingly, as prayed for, the writ petition is closed on withdrawal with a liberty to approach this Court in an appropriate jurisdiction for furtherance of public interest. JUDGE Comparing Assistant