Page No.# 1/4 GAHC010222232026 2026:GAU-AS:15119 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5482/2026 GHAT SHIV MANDIR COMMITTEE AND 2 ORS SITUATED AT KALIBARI ROAD, WARD NO. 12, P.O AND P.S - SRIBHUMI, DISTRICT- SRIBHUMI, PIN- 788710, REPRESENTED BY ITS SECRETARY, SRI ARNAB PODDER. 2: SAMARJIT DAS SON OF LATE NIRENDRA KUMAR DAS DAK BUNGLOW ROAD SRIBHUMI WARD NO.-12 P.S AND P.O- SRIBHUMI PIN- 788710 PRESIDENT KALIBARI ROAD IMMERSION GHAT SHIV MANDIR COMMITTEE. 3: ARNAB PODDER SON OF SRI NARAYAN PODDER RESIDENT OF - RAJ BUNGLOW ROAD WARD NUMBER-12 P.S- P.S- SRIBHUMI PINCODE- 788710 SECRETARY KALIBARI ROAD IMMERSION GHAT SHIV MANDIR COMMITTE VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI 781006. 3:THE DISTRICT COMMISSIONER SRIBHUMI-788710. Page No.# 2/4 4:THE SUPERINTENDENT OF EXCISE SRIBHUMI-788710 5:THE INSPECTOR OF EXCISE (SADAR) SRIBHUMI-788710 6:THE CIRCLE OFFICER SRIBHUMI- 788710 7:SRIBHUMI MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN SRIBHUNI DISTRICT- SRIBHUMI- 788710. 8:SRIMATI MANASHI DAS WIFE OF- SUBRATA DAS RESIDENT OF- STEAMER GHAT ROAD NEAR DTO OFFICE WARD NUMBER-12 SRIBHUMI PINCODE- 788710. 9:JITENDRA KUMAR DAS SON OF LATE JYOTISH CHANDRA DAS RESIDENT OF- STEAMER GHAT ROAD OPPOSITE OF BHAIRAVBARI WARD NUMBER-12 SRIBHUMI PINCODE- 78871 Advocate for the petitioner(s): Mr. R Singha Advocate for the respondent(s): Mr. I Borthakur, Standing Counsel, Excise Department B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 07.10.2026 Page No.# 3/4 Heard Mr. R Singha, the learned counsel appearing on behalf of the Petitioners. Also heard Mr. I Borthakur, the learned Standing Counsel, Excise Department. 2. The present writ petition has been filed by the Petitioners alleging that there is a move on the part of the Excise Authorities to grant an IMFL On Licence to the respondent No.8 within the vicinity of the Respondent No.1 Trust. 3. The apprehension of the Petitioners is based upon an enquiry report dated 16.05.2026 wherein it was mentioned that a Shiv Mandir which is run by the Petitioners Trust is not a registered Trust. It is seen that inspite of the said enquiry report, the IMFL On Licence has not been issued to the Respondent No.8. 4. On the other hand, on 23.06.2026, the Superintendent of Excise, Sribhumi had directed the Petitioner Nos.2 and 3 to place the registration certificate along with the minutes of the proceedings and the total area of the concerned public place of worship in square feet. Subsequent thereto, on 26.06.2026, the registration certificate along with the minutes of the proceedings were submitted by the Petitioners. 5. Mr. I Borthakur, the learned counsel appearing on behalf of the Excise Department submitted that if an IMFL On License is to be issued, the same would be done so only after fulfilling the requirements in terms with Rule 289 of the Assam Excise Rules, 2016. 6. Taking into account the above, it is the opinion of this Court that the Petitioners apprehension that the Respondent Authorities would grant the IMFL On Licence appears to be misconceived. Page No.# 4/4 7. Accordingly, this Court, therefore, is not inclined to entertain the instant writ petition and the same stands dismissed. 8. Be that as it may, this Court, however, observes that in the circumstance, any IMFL On License is issued to the Respondent No.8 in violation to the provisions of the Assam Excise Act, 2000 or the Rules framed therein under, the Petitioners would be at liberty to approach this Court, again, if so advised. JUDGE Comparing Assistant