DIGANTA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, learned senior counsel assisted by Mr. P. Saikia, learned counsel appearing for the writ petitioner. Also heard Ms. M. Bhattacharjee, learned Government Advocate, Assam, appearing for the respondent nos. 2 and 3 and Mr. K.P. Pathak, learned Standing Counsel, Excise Department, Assam, appearing for the respondent nos. 1, 4 and 5. Mr. K. N. Choudhury, learned senior counsel assisted by Mr. B.P. Borah, learned counsel appears for the respondent no. 7.

(2.) The instant writ petition has been filed by the two petitioners, viz. Sri Diganta Saikia and Sri Dulal Kalita, being aggrieved by the move on the part of the Sivasagar District administration to issue IMFL "ON" license in favour of the respondent no. 7.

(3.) From the pleadings contained in the writ petition, it appears that the basic grievance of the petitioners are two fold. Firstly, that the IMFL "ON" shop is being sought to be established inside 100 mtrs from the midpoint of the national highway in violation of the orders passed by the Supreme Court of India and secondly that the proposed site is also within the prohibited distance of a place of worship and place of educational institution as prescribed by Rule 289(2) of the Assam Excise Rules, 2016.