KRISHNA KANTA MILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is directed against the Judgment and Order dated 13.7.1999 passed by the Assam Board of Revenue, Guwahati, in Excise Appeal Nos. lE(DMJ)/99 and 8E(DMJ)/99.

(2.) The petitioner submitted his tender for settlement of country spirit shop in Dhemaji District for the term 1.4.99 to 31.3.2002 in pursuance of the Tender Notice dated 31.10.1998 and the authority, in consultation with the Advisory Committee constituted under the provision of Rule 208 of the Assam Excise Rules, 1945, selected the petitioner and settled the said shop with him vide order dated 28.12.1998. On such settlement, the petitioner deposited the security money, licence fees and all other dues payable under the Rules and spent a sum of Rs. 1,29,000/- for the purpose of operation of the country spirit shop.

(3.) The respondent No. 4/5 also submitted tender for settlement of the same shop and, having failed, they preferred appeals under Sectibn 9 of the Assam Excise Act. After hearing both the parties the Revenue Board by the impugned judgment set aside the settlement order dated 28.12.1998 passed by the Deputy Commissioner, Dhemaji in favour of the writ petitioner and directed it to be settled with Shri Sanjoy Medok, the respondent No. 4, for the remaining period of the term of settlement upto 31.3.2002. Being aggrieved thereby the petitioner has filed this writ petition for quashing the impugned judgment dated 13.7.1999 (Annexure-F). While admitting the petition, this Court directed that status quo in respect of the disputed country spirit shop be maintained as on date.