Page No.# 1/4 GAHC010259772025 2025:GAU-AS:16478 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6728/2025 SRI GAKUL DUTTA SON OF SRI BAGEN DUTTA, PERMANENT RESIDENT OF VILLAGE AMKATIA, P.O. AND P.S.- DHAKUAKHANA, DISTRICTLAKHIMPUR, ASSAM, PIN-787055 VERSUS STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF EXCISE, DISPUR, GUWAHATI, ASSAM, PIN-781006. 2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR BELTOLA ROAD GUWAHATI PIN-781006 3:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR EXCISE BRANCH ASSAM PIN-787001 4:THE SUPERINTENDENT OF EXCISE LAKHIMPUR PIN-787001 5:THE TENDER/BID COMMITTEE FOR GRANT OF IMFL OFF SHOPS IN LAKHIMPUR DISTRICT Page No.# 2/4 REPRESENTED BY THE ADDITIONAL DISTRICT COMMISSIONER CUM CHAIRMAN OFFICE OF THE DISTRICT COMMISSIONER LAKHIMPUR ASSAM PIN-787001 6:SRI RATUL DUTTA SON OF SRI SIVA DUTTA PERMANENT RESIDENT OF VILLBHAGAMUKH P.O. AND P.S.- DHAKUAKHANA DISTRICT-LAKHIMPUR ASSAM PIN-78705 For the Petitioner(s) : Mr. S. Khound, Advocate For the Respondent(s) : Mr. I. Borthakur, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 28.11.2025 Heard Mr. S. Khound, the learned counsel appearing on behalf of the petitioner and Mr. I. Borthakur the learned Standing Counsel appearing on behalf of the Excise Department. 2. The petitioner herein has assailed the acceptance of the technical bid of the respondent No. 6 as well as all consequential actions for grant of Indian made Foreign Liquor retail “OFF” license for the shop name Dhakuakhana Town and No. LKP21 in the district of Lakhimpur and further sought for directions that the Respondent Authorities should consider the technical bid of the petitioner and allow him to participate in the financial bid for Page No.# 3/4 the grant of Indian made Foreign Liquor retail “OFF” license. 3. It is seen from the materials on record that as far back as on 22.09.2024, the EMD so submitted by the petitioner was credited to his bank account. The petitioner thereupon submitted a representation on 09.12.2024 and the present writ petition was filed on 20.11.2025. 4. Taking into account the above, this Court sought instructions from Mr. I. Borthakur, the learned Standing Counsel for the Excise Department, as to what steps, have been taken, taking into account that almost 1 (one) year has already elapsed in the meantime. 5. Mr. I. Borthakur, the learned Standing Counsel appearing on behalf of the Excise Department has placed before this Court 2 (two) communications. A perusal of the said communications shows that the bid of the respondent No. 6 for the Indian made Foreign Liquor retail “OFF” license at Dhakuakhana Town No. LKP21 was accepted on 23.12.2024. Further to that, it is seen that on 02.09.2025, the District Commissioner, Lakhimpur requested the Commissioner of Excise, Assam to grant the said license to the respondent No. 6. The said communications are kept on record and marked with the letters “X” and “Y” respectively. Page No.# 4/4 6. Taking into account the above, the learned counsel appearing for the petitioner submitted that he may be permitted to withdraw the instant writ petition with liberty to challenge the decision to allot the Indian made Foreign Liquor retail “OFF” license to the respondent No. 6 as well as the consequential actions. 7. Taking into account the above, the instant writ petition stands closed on withdrawal. 8. Liberty, however, is given to the petitioner to assail the decision to allot the Indian made Foreign Liquor retail “OFF” license to the respondent No. 6 as well as the challenges made in the present writ petition. JUDGE Comparing Assistant