Page No.# 1/5 GAHC010265082024 2025:GAU-AS:9296 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6763/2024 KALYAN KR. KALITA AND 8 ORS. S/O LT. HARI RAM KALITA, R/O KAMARKUCHI, SONAPUR, P.O.- SONAPUR, P.S.-SONAPUR, DIST-KAMRUP (M), ASSAM, PIN-782402 2: MANOJ DEV S/O MANIK DEV R/O FLAT NO. G-1 BLOCK-1 SHINE HEAVEN BAGHARBARI PANAJABARI GUWAHATI P.O.-SATGAON P.S.-SATGAON DIST- KAMRUP (M) ASSAM PIN-781171 3: BIKUDAR DAS @ BRIKUDAR DAS S/O LATE RAJEN DAS R/O VILL- BEBEJIA KAIWARTA P.O.-MORNOI BEBEJIA P.S.-GHILAMARA DIST- LAKHIMPUR ASSAM PIN-787053 4: RITU RAJ SAIKIA S/O SRI BUDHEN SAIKIA R/O VILL- BARUWARI P.O. AND P.S.- SONAPUR DIST- KAMRUP (M) ASSAM PIN-782402 5: NIRMAL NARZARY Page No.# 2/5 S/O SRI AMIYA NARZARY R/O TANGLA TOWN WARD NO. 2 P.O. AND P.S.-TANGLA DIST- UDALGURI (BTR) ASSAM 6: SMT. SARBAJAYA SINHA W/O GAUTAM SINHA R/O VILL- CHAMTILLA P.O.-CHAMTILLA P.S.-RATABARI DIST- KARIMGANJ ASSAM 7: BAKUL MALAKAR S/O SRI NIRMAL MALAKAR R/O GANGPUR RONGPUR PT-IV SILCHAR P.O.-RONGPUR P.S.-SILCHAR DIST-CACHAR ASSAM PIN-788009 8: ANUPAM BASUMATARY CHOUDHURY S/O SRI SISHIR KUMAR CHOUDHURY R/O AMBIKAGIRI PATH WARD NO. 1 P.O. AND P.S.-UDALGURI DIST- UDALGURI (BTR) ASSAM PIN-784509 9: MUKESH KR. MEDAK S/O SUBHAN MEDAK R/O VILL- KATAHLGURI P.O.-AKAJAN P.S.-SILAPATHAR DIST- DHEMAJI ASSAM PIN-78705 VERSUS THE STATE OF ASSAM AND 15 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT, DISPUR, GUWAHATI-6 Page No.# 3/5 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EXCISE DEPARTMENT DISPUR GUWAHATI-6 3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 4:THE ADDL. COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-6 5:THE SUPERINTENDENT OF EXCISE KAMRUP (M) ASSAM 6:THE SUPERINTENDENT OF EXCISE LAKHIMPUR ASSAM 7:THE SUPERINTENDENT OF EXCISE UDALGURI (BTR) ASSAM 8:THE SUPERINTENDENT OF POLICE KARIMGANJ ASSAM 9:THE SUPERINTENDENT OF POLICE CACHAR ASSAM 10:THE SUPERINTENDENT OF POLICE DHEMAJI ASSAM 11:THE DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) KAMRUP (M) EXCISE BRANCH ASSAM 12:THE DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) LAKHIMPUR Page No.# 4/5 NORTH LAKHIMPUR EXCISE BRANCH LAKHIMPUR ASSAM 13:THE DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) KARIMGANJ EXCISE BRANCH KARIMGANJ ASSAM 14:THE DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) EXCISE BRANCH CACHAR SILCHAR 15:THE DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) EXCISE BRANCH UDALGURI ASSAM 16:THE DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) EXCISE BRANCH DHEMAJI ASSA Advocate for the Petitioner : MS. S B CHOUDHURY, MR. S K DAS,MR A N AHMED Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 19.07.2025 Heard Ms. S. B. Choudhury, learned counsel for the petitioners. Also heard Ms. U. Das, learned counsel for the respondent Nos. 1, 8, 9, 10, 11, 12, 13, 14, 15 and 16. No one appears for the Excise Department. 2. As per the order dated 02.05.2025, the learned Standing Counsel, Excise Department had submitted that affidavit was ready and the same would be filed within a week. However, no affidavit has been filed by the Excise Department even till today. Page No.# 5/5 3. The petitioners’ grievance is that the respondents have not taken a final decision on the applications made by the petitioners, for grant of IMFL “Off” licence, even though the petitioners have deposited Challans for Rs.1 Lakh each for the said purpose. 4. Ms. S. B. Choudhury, learned counsel for the petitioners submits that the applications were submitted prior to 17.03.2022 and the Challans of Rs.1 Lakh each had been deposited within the stipulated time. The petitioners’ counsel also submits that the Excise Authorities have forwarded the applications of the petitioners, for grant of IMFL “Off” licence, to the Chief Secretary to the Government of Assam, who has not taken a decision on the said issue till date. She further submits that the present writ petition can be disposed of, if a direction is issued to the respondent No. 1, to take a decision on the petitioners’ applications, for grant of IMFL “Off” licence, within a specified time period. 5. On considering the fact that the Excise Department have not filed any affidavit and as the only issue pertains to a decision to be taken by the respondent No. 1, with regard to the applications of the petitioners, for grant of IMFL “Off” licence, this Court directs the respondent No. 1 to take a decision on the petitioners’ applications for grant of IMFL “Off” licence, within a period of 2(two) months from the date of receipt of a certified copy of this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant