PRASANTA BARPATRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. PJ Saikia, learned counsel for the appellant and Mrs. A Hazarika learned Addl. Sr. Govt. Advocate, Assam tor the respondents.

(2.) One Shri Padmeswar Das had filed a writ Petition, i.e., WP (C) No. 4923 of 2000, in this court with a prayer for issuing directions to the official respondents not to take steps to grant IMFL off licence in favour of any body at Chowkidinghee (T. R. Phukan Road). Milan Nagar (Mancotta Road ) and Convey Road in Dibrugarh Town. In that case, a representation had been made by the petitioner therin and some other citizens to the Deputy Commissioner. Dibrugarh reguesting him not to allow any IMFL shop on the aforesaid roads in Dibrugarh town as there are various schools, colleges, including , Govt. Boys' Higher Secondary School, Don Bosco, temple and namghar situated in and around the aforesaid area.

(3.) Earlier to the filing of that writ petition, in a batch of Pils, i.e. PILs Nos. 10,28 and 3393 of 1999 and Nos. 9, 10,11 of 2000 , a Division Bench of this court had delivered a judgment on 13.3.2000 in relation to issue of licences for IMFL shops under the Assam Excise Act, 1910 and the Assam Excise Rules, 1945. The judgment is now reported as 2000 (2) GLT460 Rubul Kanti Roy & Ors. vs.State of Assam & ors. In the said judgment the authorities have been directed to act strictly in accordance with the provisions of the Assam Excise Act, 1910 and the Assam Excies Rules, 1945 before issuing any licence in favour of any shop. WP (C) No. 4923 of 2000 was also disposed of in terms of the Division Bench judgment reported as 2000 (2) GLT460.