Gauhati High Court
WP(C)/4747/2026 of SRI INDRANIL SARMA Vs THE STATE OF ASSAM AND 3 ORS on 1 September 2026
GAHC010185772026 2026:GAU-AS:12663 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4747/2026 SRI INDRANIL SARMA S/O SRI SAILENDRA NATH SARMA, VILL. SONKURIAH, P.S. AND DISTRICT NALBARI, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED
GAHC010185772026
2026:GAU-AS:12663
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4747/2026
SRI INDRANIL SARMA
S/O SRI SAILENDRA NATH SARMA, VILL. SONKURIAH, P.S. AND DISTRICT
NALBARI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER OF EXCISE
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI-781006.
3:THE DISTRICT COMMISSIONER
NALBARI
ASSAM.
4:THE SUPERINTENDENT OF EXCISE
NALBARI
ASSAM
For the Petitioner(s) : Mr. N. J. Khataniar, Advocate For the Respondent(s) : Mr. R. R. Gogoi, Standing Counsel : Mr. R. Talukdar, Government Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 02.09.2026
Heard Mr. N. J. Khataniar, the learned counsel appearing on behalf of the Petitioner and Mr. R. R. Gogoi, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 4. I have also heard Mr. R. Talukdar, the learned Government Advocate appearing on behalf of the Respondent No.3.
2. The present writ petition has been filed by the Petitioner being aggrieved by the delay caused by the District Commissioner, Nalbari in providing the permission required for shifting of the Petitioner’s IMFL OFF license shop from one location to another.
3. It is relevant to take note of that the Petitioner was issued a license on 19.02.2026. Subsequent thereto, on 21.02.2026, the Petitioner submitted an application for shifting of his IMFL OFF License Shop from Barkura to Niz-Chamata under Paschim Nalbari Revenue Circle, District Nalbari on the plot of Md. Chaif Ali. The District Commissioner, Nalbari recommended the shifting which was counter-signed on 07.05.2026. Thereupon, on 26.05.2026, the District Commissioner, Nalbari issued a communication to the Commissioner of Excise, Assam that the Petitioner otherwise fulfils all the required criteria.
4. Subsequent thereto, on 03.08.2026, the Commissioner of Excise has accorded the approval for shifting of the IMFL OFF License Shop of the Petitioner subject to clearance of all outstanding liabilities if any against the licensee. The Petitioner thereupon on 27.08.2026, has filed the present writ petition on account of the delay caused by the District Commissioner, Nalbari for issuance of the necessary permission.
5. It is the opinion of this Court that the Writ Court should not be used as a tool by a litigant. There appears to be no violation of Petitioner’s constitutional or fundamental rights inasmuch as on 03.08.2026, the Commissioner of Excise has granted the approval to the District Commissioner, Nalbari. Filing of such petition before this Court within a passage of just 24 days seeking a direction upon the District Commissioner, Nalbari in the opinion of this Court is an abuse of the process of the Court.
6. Under such circumstances, this Court is not inclined to entertain the instant writ petition for which the writ petition stands dismissed.
7. Before parting with the records, this Court however observes that the dismissal of the instant writ petition shall not come in the way of the District Commissioner, Nalbari to provide the necessary approval for shifting of the IMFL OFF License Shop to the Petitioner subject to clearance of all outstanding liabilities. It is further observed that the District Commissioner, Nalbari shall carry out the necessary formalities and issue the permission.
8. It is further observed that the dismissal of the writ petition would not preclude the Petitioner to approach this Court if within a reasonable period, the District Commissioner, Nalbari does not accord the necessary permission.
JUDGE Comparing Assistant