Page No.# 1/8 GAHC010148122022 2026:GAU-AS:11431 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4845/2022 RUHINI KUMAR NEOG S/O LT. DEBEN NEOG, R/O MELACHAKAR TINIALI, WARD NO. 10, IN THE DIST. OF SIVASAGAR, ASSAM - 785640. VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, JURIPAR, PANJABARI, GUWAHATI - 781037, ASSAM. 2:THE DEPUTY COMMISSIONER SIVASAGAR DIST.- SIVASAGAR ASSAM. 3:THE SUPERINTENDENT OF EXCISE AND S.P.I.O EXCISE BRANCH OFFICE OF THE DEPUTY COMMISSIONER SIVASAGAR DIST.- SIVASAGAR ASSAM. 4:THE PRESIDENT BORSILLAH GAON PANCHAYAT HALWATING P.O.- MADHAB NAGAR P.S.- HALWATING DIST.- SIVASAGAR ASSAM - 785681. 5:THE SECRETARY Page No.# 2/8 BORSILLAH GAON PANCHAYAT HALWATING P.O.- MADHAB NAGAR P.S.- HALWATING DIST.- SIVASAGAR ASSAM- 785681 Advocate for the Petitioner : MR. P BORA, MS K BHATTACHARYYA,MR H K SARMA Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. Linked Case : WP(C)/1130/2021 KESHAB GOGOI AND 2 ORS. S/O. LT. MINARAM GOGOI VILL. JAKAI PADULI GAON HALWATING P.O. MADHAB NAGAR P.S. HALWATING DIST. SIVASAGAR ASSAM PIN-785681. 2: BIJOY BHUMIJ S/O. SRI PRADIP BHUMIJ VILL. JAKAI PADULI GAON HALWATING P.O. MADHAB NAGAR P.S. HALWATING DIST. SIVASAGAR ASSAM PIN-785681. 3: MANASH GOGOI S/O. SRI SUBUDH GOGOI VILL. HALWATING BAZAAR P.O. MADHAB NAGAR P.S. HALWATING DIST. SIVASAGAR ASSAM PIN-785681. VERSUS Page No.# 3/8 THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF EXCISE DISPUR GUWAHATI-06. 2:THE DY. COMMISSIONER SIVASAGAR DISTRICT HEADQUARTER P.S. SIVASAGAR SADAR P.O. SIVASAGAR ASSAM. 3:THE DISTRICT COLLECTOR SIVASAGAR DISTRICT P.S. SIVASAGAR SADAR P.O. SIVASAGAR ASSAM. 4:THE SUPDT. OF EXCISE SIVASAGAR DISTRICT P.S. SIVASAGAR SADAR P.O. SIVASAGAR ASSAM. 5:THE INSPECTOR OF EXCISE AMGURI P.S. AMGURI P.O. AMGURI DIST. SIVASAGAR ASSAM. 6:THE PRESIDENT BORSILLAH GAON PANCHAYAT HALWATING P.O. MADHAB NAGAR P.S. HALWATING DIST. SIVASAGAR ASSAM PIN-785681. 7:ROHINI KUMAR NEOG S/O. LT. DEBEN CH. NEOG R/O. MELACHAKAR TINIALI Page No.# 4/8 WARD NO.10 P.S. AND P.O. SIVASAGAR DIST. SIVASAGAR ASSAM PIN-785640. ------------ B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner(s) : Mr. HK Sarma In WP(C)No.4845/2022 Advocate for the respondent(s) : Mr. S Dutta, Standing Counsel P & RD Department Mr. RR Gogoi, Standing Counsel Excise Department Date on which Judgment is reserved: NA Date of Pronouncement of Judgment : 12.08.2026 Whether the Pronouncement is of the : Yes Operative Part of the Judgment Whether the Full Judgment has been : No Pronounced JUDGMENT & ORDER(ORAL) Heard Mr. HK Sarma, the learned counsel appearing on behalf of the petitioner in WP(C)No.4845/2022. None appears on behalf of the Page No.# 5/8 petitioners in WP(C)No.1130/2021. I have also heard Mr. S Dutta, the learned Standing Counsel for the P & RD Department and Mr. RR Gogoi, the learned Standing Counsel for the Excise Department. 2. Both the writ petitions are taken up for disposal by this common order. 3. A No Objection Certificate was issued by the Borsillah Gaon Panchayat in favour of the writ petitioner in WP(C)No.4845/2022 to the effect that the said Gaon Panchayat did not have any objection to the opening of a IMFL ON Shop at Bandorijan in the rented house of one Siba Kachari located at Jokaipoduli under Dupdhar Mouza under Borsillah Gaon Panchayat in the Sivasagar district. 4. On account of issuance of this No Objection Certificate a writ petition was filed by the petitioners in WP(C)No.1130/2021, who are the residents within the Borsillah Gaon Panchayat objecting to the No Objection issued by the Borsillah Gaon Panchayat. Pursuant to the filing of the said writ petition, the Borsillah Gaon Panchayat vide the communication dated 27.04.2022 issued to the District Commissioner, Sivasagar district informing that the Borsillah Gaon Panchayat has withdrawn the No Objection Certificate dated 20.10.2021 issued in favour of the writ petitioner in WP(C)No.4845/2022 on the ground of Page No.# 6/8 objections raised by the public. It is under such circumstances, the petitioner in WP(C)No.4845/2022 has approached this Court by filing the writ petition challenging the communication dated 27.04.2022 issued by the Borsillah Gaon Panchayat on the ground that the said withdrawal of the No Objection Certificate was issued by the Borsillah Gaon Panchayat without giving the petitioner an opportunity of hearing. 5. Mr. HK Sarma, the learned counsel appearing on behalf of the petitioner in WP(C)No.4845/2022 submits that even the copy of the impugned order dated 27.04.2022 issued by the Gaon Panchayat was not provided to the petitioner which the petitioner could obtain under the Right to Information Act, 2005. 6. This Court has duly perused the materials on record as well as heard the learned counsels appearing on behalf of the parties. 7. The writ petition being WP(C)No.1130/2021 being a writ petition filed challenging the No Objection Certificate which was granted to the petitioner in WP(C)No.4845/2022 has become infructuous in view of the fact that the No Objection Certificate which was granted to the petitioner in WP(C)No.4845/2022 was withdrawn vide the impugned communication dated 27.04.2022. Page No.# 7/8 8. In the backdrop of the above, let this Court consider as to whether the action on the part of the Borsillah Gaon Panchayat to withdraw the No Objection Certificate so granted to the petitioner in WP(C)No.4845/2022 is required to be interfered with. 9. This Court duly takes note of Rule 295 of the Assam Excise Rules, 2016 which stipulates that a license can be granted if there is No Objection of the public residing within the radius of 75 meters from the location. 10. This Court further takes note of that the said Rule came into effect w.e.f. 01.01.2019. Under such circumstances, there was a requirement for the Gaon Panchayat to carry out an exercise prior to issuance of the No Objection Certificate. 11. This Court also takes note of that there is no fundamental right to carry on the business of liquor and as such the grant of a license for an IMFL On Shop being a privilege is subject to the provisions of the Assam Excise Act, 2000 as well as the Rules framed therein under. 12. This Court is not inclined to interfere with the withdrawal of the No Objection by the Borshillah Gaon Panchayat dated 27.04.2022 Page No.# 8/8 taking into account Rule 295 of the Assam Excise Rules, 2016. However, it is observed that when a No Objection Certificate is applied for, it is expected that the Gaon Panchayat in question shall duly consider such application within the parameters of law. 13. Accordingly, both the writ petitions stand disposed of with the following observations and directions: (i). WP(C)No.1130/2021 is closed as it has become infructuous. (ii). This Court is not inclined to interfere with the withdrawal of the No Objection Certificate dated 20.10.2021 vide the impugned communication dated 27.04.2022. However, this Court observes that in the circumstance, the petitioner submits a fresh application to the Borsillah Gaon Panchayat, the said Gaon Panchayat shall duly consider the said application for issuance of the No Objection Certificate by taking into consideration the opinion of those public residing within the radius of 75 meters of the proposed site for setting up of the IMFL On Shop License. 14. Interim order(s) passed earlier stands vacated. JUDGE Comparing Assistant