ALANGBAR KHERKATARY v. THE STATE OF ASSAM AND 7 ORS
WP(C)/6618/2023 · 2025-09-16
Devashis Baruah
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 21294 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21294 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010255042023
2025:GAU-AS:12831
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6618/2023 ALANGBAR KHERKATARY (LICENSEE/PROPRIETOR OF BHOLANATH OFF SHOP S/O UPENDRA KHERKATARY R/O SAKOGURI DHEKIAJANI PO BILASIPARA BAZAR P.S.SALBARI DIST. BAKSA PIN 781315 VERSUS THE STATE OF ASSAM AND 7 ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EXCISE DEPTT DISPUR GUWAHATI 6 ASSAM 2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI 6 ASSAM 3:THE DEPUTY COMMISSIONER BAKSA MUSALPUR BTAD 4:THE SUPERINTENDENT OF EXCISE BAKSA MUSALPUR BTAD ASSAM 5:THE BLOCK DEVELOPMENT OFFICER GOBARDHANA BLOCK DEV. OFFICE BARPETA ROAD BAKSA BTAD 6:THE CHAIRMAN VILLAGE COUNCIL DEV COMMITTEE (VCDC) UTTAR HOWLY JAKLIR PAR BAKSA PIN 781313 7:SHYAMAL SARKAR
Page No.# 2/3 CHAIRMAN OF VILLAGE COUNCIL DEV COMMITTEE VCDC UTTAR HOWLY JAKLIR PAR BAKSA PIN 781313 8:GAUTAM DAS S/O MADHUSUDAN DAS R/O JYOTINAGAR BARPETA ROAD PIN 78131 For the Petitioner(s) : Mr. N.K. Kalita, Advocate
For the Respondent(s) : Ms. U. Das, Addl. Sr. Govt. Advocate Mr. I. Borthakur, Standing Counsel Ms. R.B. Bora, Standing Counsel
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER Date : 17.09.2025
Heard Mr. N.K. Kalita, the learned counsel appearing on behalf of the petitioner. Mr. I. Borthakur, the learned Standing Counsel, Excise Department appears on behalf of the respondent Nos. 1, 2 and 4; Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent No. 3 and Ms. R.B. Bora, the learned Standing Counsel, BTC appears on behalf of the respondent Nos. 5 and 6.
2. The grievance of the petitioner herein is that the petitioner has been issued an IMFL ‘OFF’ license by the respondent Excise Department, but on account of non-renewal of the trade license for reasons best known, the petitioner had to approach this Court by filing the present writ petition.
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3. It is seen that vide an order dated 17.11.2023, this Court issued notice and further directed that, as the petitioner had applied for the renewal of the trade license valid from 05.02.2020 to 04.02.2023 and since the respondent Nos. 5 and 6 have not taken appropriate steps, they were specifically
directed not to interfere with the petitioner’s business without the leave of the Court, merely, on the ground of non-renewal of the trade license. The order was passed on 17.11.2023 and till date, the respondent Nos. 5 and 6 have not cared to file any affidavit-in-opposition or placed any justification for not granting the renewal to the petitioner, the trade license.
4. Considering the above, it appears that there was no reasonable justification for the respondent Nos. 5 and 6 not to renew the trade license of the petitioner.
5. Accordingly, this Court therefore disposes of the instant writ petition thereby directing the respondent Nos. 5 and 6 to renew the trade license of the petitioner upon his application, subject to the petitioner paying the requisite fees which is required.
JUDGE Comparing Assistant