JIYANTA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. M. Deka, the learned counsel appearing on behalf of the petitioner. Also heard Mr. R. R. Gogoi, the learned counsel appearing on behalf of the Excise Department; Ms. U. Das, the learned Additional Senior Government Advocate who appears on behalf of the District Commissioner, Kamrup (Metro); Ms. P. Das, the learned counsel appearing on behalf of the Secondary Education Department of the Government of Assam as well as Mr. B. J. Ghosh, the learned counsel who appears on behalf of the respondent No.6.

(2.) The petitioner herein has approached this Court seeking an appropriate writ direction and order for quashing the communication dtd. 27/4/2016 issued by the Joint Secretary to the Government of Assam, Excise Department thereby directing the petitioner to shift his IMFL "OFF" License Shop to any other location on the ground of violation of Rule 183 of the Assam Excise Rules, 1945. The petitioner further seeks appropriate directions that the petitioner may be permitted to continue to run the IMFL "OFF" License Shop in the name and style of "M/s Rishi's Wine Hut" from the existing location at Bora Marketing Complex, R.G. Baruah Road, Guwahati.

(3.) At the outset, it is pertinent to observe that the Assam Excise Rules, 1945 have been superseded by the Assam Excise Rules, 2016 (for short, 'the Rules of 2016').