Page No.# 1/3 GAHC010272232024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6834/2024 RIJUMONI HAZARIKA KONWAR W/O- KESHA KONWAR, R/O- VILLAGE- BETBARI, NO-2, KONWAR GAON, P.O- MITHAPUKHURI, DIST- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, EXCISE DEPARTMENT DISPUR, GUWAHATI-6 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 SUPERINTENDENT OF EXCISE SIVASAGAR (SADAR) ASSAM PIN-785640 5:THE INSPECTOR OF EXCISE Page No.# 2/3 SIVASAGAR (SADAR) ASSAM PIN-785640 6:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MR. B K DAS, MR H P GUWALA,MR. I J SINGPHO,H P NEOG Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.02.2025 Heard Mr. BK Das, learned counsel for the petitioner, who submits that as applications were called for, for grant of Indian Made Foreign Liquor (IMFL) ‘on’ bar licence, the petitioner submitted an application for the same. However, in view of a decision taken by the Government of Assam in its Review Meeting dated 27.06.2023, IMFL ‘ON’ licences were not to be issued in rural areas, except in tourist places and National Highways, subject to certain guidelines. 2. The petitioner’s counsel submits that in a meeting held by the respondents on 12.06.2023, a resolution was taken that pending applications for grant of IMFL ‘ON’ licence in rural areas, in which fees were deposited on or before 17.03.2022, the said applications could be processed for issuance of IMFL Off licence and not IMFL ‘ON’ licence. The petitioner, having submitted his Page No.# 3/3 application for an IMFL ‘Off’ licence and the required fees prior to 17.03.2022, submitted an application for IMFL ‘Off’ licence, in view of the decision taken by the by the Government of Assam in its Review Meeting dated 27.06.2023 as well as the in view of the decision taken by the Cabinet on 23.05.2022. 3. The petitioner’s counsel submits that the State respondents have till date not taken a decision on the petitioner’s application for issuance of an IMFL ‘Off’ licence. He submits that the writ petition can be disposed of, if a direction is issued to the State respondents to take a decision on the petitioner’s application for issuance of an IMFL ‘Off’ licence. 4. Mr. R. R. Gogoi, learned counsel for the Excise Department submits that he has got no objection to the prayer made by the petitioner’s counsel. 5. In view of the fact that the petitioner’s application for grant of an IMFL ‘ON’ licence has now been converted to an application for grant of IMFL ‘Off’ licence and as the petitioner had submitted the required fees prior to 17.03.2022, the State respondents are directed to take a decision on the petitioner’s application, for grant of an IMFL ‘Off’ licence, within a period of 90 (ninety) days from the date of receipt of a certified copy of this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant