BAKUL SARMA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. Sarma, learned Counsel for the petitioner. Also heard Mr. B.C. Saikia. learned State Counsel, Assam appearing for the official respondents.

(2.) The limited grievance so stated in this writ petition is that despite the Government's sanction and approval vide orders dated 18.9.2000 for issuance of I.M.F.L. "OFF" licence at Balipara in Sonitpur District in favour of the petitioner (Annexure-3 to this writ petition). by the Deputy Secretary to the Government of Assam, Excise Department, deliberately and without any reason whatsoever defaulted in issuing such licence. According to the petitioner, he has demanded justice by presenting a representation dated 22.5.2001 (Annexure-5 to the writ petition) before the respondent No. 3 but till date the same representation has not been attended to.

(3.) In view of the factual premises as aforesaid and seeking issuance of writ of mandamus to the concerned respondent above noted. Mr. Sarma, relying on a decision of the Apex Court in a case of Sharif Ahniad and others Vs. Regional Transport Authority, Meerut and others, 1976 (2) ALR 49 (Sum.) : (1978) 1 SCC 1 , has contended that after approval and sanction for grant of I.M.F.L. "OFF" licence by Government the Deputy Commissioner concerned is only required to perform a ministerial act and as such he has no jurisdiction or authority to hinder in issuance of the licence. But same has. in the instant case, been denied to him despite his demand. Therefore according to him, the authority having been entrusted with a duty to perform. failed to perform its legal duty in not implementing Government's Order for issuance of such licence.