Gauhati High Court
WP(C)/4462/2026 of DIPAMONI CHETIA BURAGOHAIN Vs THE STATE OF ASSAM AND 3 ORS on 29 September 2026
GAHC010172402026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4462/2026 DIPAMONI CHETIA BURAGOHAIN W/O- JIBAN BURAGOHAIN, R/O- BHEHPARA AND P.O.- DHEMAJI,P.S.- DHEMAJI, DIST.- DHEMAJI, ASSAM,PIN-787057. VERSUS THE STATE OF ASSAM
GAHC010172402026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4462/2026
DIPAMONI CHETIA BURAGOHAIN
W/O- JIBAN BURAGOHAIN, R/O- BHEHPARA AND P.O.- DHEMAJI,P.S.- DHEMAJI, DIST.- DHEMAJI, ASSAM,PIN-787057.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI- 6.
2:THE COMMISSIONER OF EXCISE
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI- 6.
3:THE DISTRICT COMMISSIONER
DHEMAJI DISTRICT
P.O. AND P.S. AND DIST- DHEMAJI
ASSAM
PIN-787057.
4:THE SUPERINTENDENT OF EXCISE
DHEMAJI
P.O. AND P.S. AND DIST- DHEMAJI
ASSAM
PIN-787057
Advocate for the Petitioner : MR. M AHMED, MR K KASHYAB,MR. I H SAIKIA,MR. B
BORAH,A PATHAK,MR. K KALITA
Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT.
BEFORE
HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
30-09-2026
1. Heard Mr. I. H. Saikia, learned counsel for the petitioner and Mr. R. R. Gogoi, learned Standing counsel, Excise Department for the respondents.
2. The petitioner is the licensee of an India Made Foreign Liquor (IMFL) Retail “OFF” shop under Licence No. 122/2024-2025, situated at Gopak Road, Kangkan Nagar, Dhemaji Town, Assam. The shop premise is held on rent.
3. Since the landlord of shop premise asked the petitioner to vacate the premise for renovation, the petitioner on 07.11.2025 filed an application before the respondent No. 3, i.e., the District Commissioner, Dhemaji seeking permission to shift the shop to a new rented premise, covered by Dag No. 371, Periodic Patta No. 119, belonging to one Sri Pundari Kashya Saikia, resident of Ward No. 9, Hiloidari Block, Dhemaji Town.The petitioner deposited the prescribed fee of Rs. 2,00,000/- along with the application and also submitted all the requisite documents including the tenancy agreement for the proposed premise, No-Objection Certificate and other statutory clearances.
4. It is the allegation that though the petitioner complied with the prescribed procedure and deposited the fee, the application for shifting of his shop has remained pending without any decision.
5. Aggrieved by the inaction on the part of the respondent authority, the petitioner has filed the present petition.
6. Though no affidavit has been filed, Mr. Gogoi, learned Standing counsel, Excise Department submits that there was objection from the Superintendent of Civil Hospital,
Dhemaji that may be a reason for such delay.
7. On the other hand, Mr. Saikia, learned counsel for the petitioner submits that he is aware of the existence of the Civil Hospital, Dhemaji, which is beyond the prescribed distance limit and is situated at a distance of 157 meters, whereas the prescription of distance is 150 meters.
8. Be that as it may, this Court will not enter into the merit of such claim and counter claim. However, it is the boundan duty of the District Commissioner to take a decision on the application dated 07.11.2025.
9. Accordingly, the present writ petition stands disposed of directing the District Commissioner, Dhemaji to take note of the application dated 07.11.2025 filed by the petitioner for shifting of his shop premise to the new rented premise and a decision shall be taken as per the Assam Excise Act, 2000 and the relevant Rules. Thereafter, the District Commissioner, Dhemaji shall pass a Speaking Order. The entire exercise shall be carried out within a period of two weeks from the date of receipt of a certified copy of this order to be submitted by the petitioner before the District Commissioner, Dhemaji.
10. Accordingly, the writ petition stands disposed of.
JUDGE Comparing Assistant