JAYANTA PRASAD BANIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) learned counsel for the Deputy Commissioner, Cachar.

(2.) The petitioner has been operating an IMFL "ON" shop at Balighat, Niz Joynagar, Borkhola in the Cachar district and for that purpose had obtained license in the year 2009. The license is stated to have been renewed upto March, 2019. The IMFL "ON" shop was initially located at a premise at Dalughat (Rampur), Borkhola. But as because of certain restrictions were imposed by the Supreme Court as regards the location of the IMFL "ON" shops alongside the National Highways, the petitioner was required to shift his shop to the present location. The shifting of the IMFL "ON" Shop of the petitioner was allowed by the Joint Secretary to the Government of Assam, Excise Department as per the Government Communication dated 18.09.2017 made to the Deputy Commissioner, Cachar which is extracted below:

(3.) After being allowed to shift,the petitioner has been operating the IMFL "ON" shop at the present location at Balighat, Niz Joynagar, Borkhola in the Cachar district. When the application was made by the petitioner for renewal of his license for the year 2019-2020, the same was refused on the basis of an order dated 06.03.2019 by the Deputy Commissioner, Cachar which is extracted as under: