Page No.# 1/3 GAHC010272222024 2025:GAU-AS:3203 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6840/2024 PROTEEM BHARALI S/O- SRI BHABEN BHARALI, R/O- VILL.- RANDHANIJAN, P.O. MALOWPATHAR, DIST.- JORHAT, ASSAM, PIN- 785108. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GHY-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EXCISE DEPARTMENT ASSAM ASSAM SECRETARIAT DISPUR GHY-781006. 3:COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GHY-781006. 4:SUPERINTENDENT OF EXCISE JORHAT DIST. AND P.O. JORHAT ASSAM PIN- 785001. 5:INSPECTOR OF EXCISE JORHAT (SADAR) DIST. JORHAT Page No.# 2/3 ASSAM PIN- 785001. 6:DEPUTY COMMISSIONER CUM DISTRICT COLLECTOR JORHAT DISTRICT DIST. AND PO JORHAT ASSAM PIN- 785001 Advocate for the Petitioner : MR. B K DAS, H P NEOG,MR H P GUWALA Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 24.03.2025 1. Heard Mr. B. K. Das, learned counsel for the petitioner, 2. The petitioner filed an application, for grant of Indian made foreign liquor (IMFL) ‘on’ bar licence. However, in view of a decision taken by the Cabinet on 23.05.2022, IMFL ‘ON’ licences were not to be issued in rural areas, except in tourist places and National Highways, subject to certain guidelines. 3. Thereafter, 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, could be processed for issuance of IMFL “Off” licence and not IMFL ‘ON’ licence. Therefore, it is the contention of the petitioner that having submitted his application for an IMFL ‘Off’ licence and the required fees being paid prior to 17.03.2022. Such application for IMFL ‘Off’ licence is required to be considered in terms of the decision taken by the Cabinet on 23.05.2022. Page No.# 3/3 4. According to the petitioner, the State respondents have till date not taken a decision on the petitioner’s application for issuance of an IMFL ‘Off’ licence. Accordingly, it is prayed that the writ petition can be disposed of, with a direction to the State respondents to take a decision on the petitioner’s application for issuance of an IMFL ‘Off’ licence. 5. Mr. D. Gogoi, learned counsel for the Excise Department submits that he has got no objection to the prayer made by the petitioner’s counsel. 6. Accordingly, this writ petition is disposed of with a direction to the respondent authorities to take a decision on the petitioner’s application, for grant of an IMFL ‘Off’ licence, within a period of three months from the date of receipt of a certified copy of this order by taking note of the claim of the petitioner 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 that the petitioner had submitted the required fees prior to 17.03.2022. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant