ARUN PATHAK Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Challenge made in W.P.(C) No.2856/2012 is to the order dated 29-03-2012 issued by the Deputy Commissioner, Kamrup (Metro) directing temporary closure of the licensed premise (bar) of the petitioner under section 52(1) of the Assam Excise Act, 1910.

(2.) In the course of hearing of W.P.(C) No.2856/2012, a related issue of considerable public importance had surfaced, which engaged the attention of the Court. The related issue is the indiscriminate and mushroom opening of liquor shops and bars in the city of Gauhati in contravention of the excise laws, particularly Rule 183(2) of the Assam Excise Rules, 1945.

(3.) Accordingly, both the issues, namely, the lis involved between the parties in the proceeding of W.P.(C) No.2856/2012 and the broader issue as noticed above were deliberated upon and are sought to be addressed by this common order. The order, therefore, is in two parts, the first part dealing with the issue raised in W.P.(C) No.2856/2012 and the second part dealing with the larger issue taken up suo-motu by the Court.