LAWS(GAU)-2015-3-144

DEBASHISH CHAKRABARTY Vs. STATE OF ASSAM

Decided On March 11, 2015
Debashish Chakrabarty Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. KN Choudhury, learned senior counsel assisted by Mr. RM Deka, learned counsel appearing for the appellants. Also heard Mr. AC Buragohain, learned Advocate General, Assam, appearing for the State respondents.

(2.) This intra Court appeal is directed against the order dated 3.3.2016 passed by the learned Single Judge whereby he has dismissed appellants' WP(C) 1515/2016.

(3.) In WP(C) 1515/2016, the appellants two in number challenged the settlement of country spirit shops by the State Government on the ground of non -compliance of statutory prescriptions as laid down in the Assam Excise Act, 1910 (for short 'the 1910 Act') and the Assam Excise Rules, 1945 (for short 'the 1945 Rules'). The main ground for challenge was that provisions of Rules 191 to 195 of the 1945 Rules to elicit ascertainment of public opinion /objections for settlement of country spirit shops were not complied with.