Page No.# 1/4 GAHC010272462024 2025:GAU- AS:219 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6920/2024 DIPANKAR CHETIA AND 4 ORS. S/O RATNESWAR CHETIA, R/O RANGALIPATHER GAON, P.O.- RANGALIPATHER, PIN-786610, P.S.-NAHARKATIA, DIST- DIBRUGARH, ASSAM 2: TRAILUKYA GOGOI S/O GUNA KANTA GOGOI R/O FETENGIBOR GAON P.O.-TINGKHONG PIN-786612 P.S.-TINGKHONG DIST- DIBRUGARH ASSAM 3: HOMEN MOLIA S/O RUHINI MOLIA R/O KEKURI BONGALI GAON P.O.-BAMUNBARI PIN-786613 P.S.-TINGKHONG DIST- DIBRUGARH ASSAM 4: BIPLOB GOGOI S/O ATUL GOGOI R/O NAHARKATIA NAGAON P.O.-NAHARKATIA PIN-786610 P.S.-NAHARKATIA DIST- DIBRUGARH ASSAM 5: PRANJAL CHUTIA S/O SUKIT CHUTIA R/O PHOTIKACHOWA MORAN P.O.-TILOINAGAR PIN-785675 P.S.-MORAN Page No.# 2/4 DIST- DIBRUGARH ASSA VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 ASSAM 3:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-781006 ASSAM 4:THE DISTRICT COMMISSIONER DIBRUGARH DIST- DIBRUGARH ASSAM PIN-786003 5:THE SUPERINTENDENT OF EXCISE DIBRUGARH EXCISE BRANCH DIST- DIBRUGARH ASSAM PIN-78600 Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : SC, EXCISE DEPTT., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 08.01.2025 Heard Mr. B. Borgohain, 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 Page No.# 3/4 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. 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 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 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 Page No.# 4/4 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 three months from the date of receipt of a certified copy of this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant