Loben Bathari v. The State of Assam and 3 Ors

ORDER Date : 17-12-2024 Heard Mr. A Choudhury, learned counsel appearing on behalf of Mr. B Pathak, learned counsel for the petitioner. Also heard Mr. RR Gogoi, learned counsel for the Excise Department, Mr. G Bokalial, learned counsel for the respondent No. 4 as well as Ms. RM Deka, learned counsel for the respondent Nos. 2 & 3.

¶2The petitioner's case is that the petitioner is a proprietor of M/s L.B. Bathari Wine Bar, holding a valid license for retail vending for Indian made foreign liquor for public consumption at Umrangso, Dima Hasao, Assam. The petitioner's grievance is that he needs to transport liquor under Form-27 from the bonded warehouse to the petitioner's wine bar. However, Form-27 which has been submitted by the petitioner to the Excise Department has not been approved till date.

¶3Mr. RR Gogoi, learned counsel for the Excise Department submits that he has received instructions to the effect that the petitioner's request to transport liquor under Form-27 had been approved by the competent authority on

06.12.2024 and the same was valid till 12.12.2024.

¶4Mr. A Choudhury, learned counsel for the petitioner submits that the petitioner was not made aware of the fact that his Form-27 had been approved.

¶5On considering the fact that the petitioner's Form-27 had been approved by Page No.# 3/3 the Excise Authorities for transportation of liquor from the bonded warehouse to the petitioner's wine bar and that the same had expired due to non communication of the same to the petitioner, this Court is of the view that the petitioner should submit a fresh Form-27 to the Excise authorities. The non-communication of the approval of the petitioner's Form-27 not being attributable to the petitioner, the petitioner should submit another application under Form-27 to the respondent No. 2. The respondent authorities shall ensure that the approval of Form-27 is made known to the petitioner, atleast six days before the validity of the Form-27 expires.

¶6The writ petition is disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010265462024 ooooooo 2024:GAU-AS:12798 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6699/2024o LOBENoBATHARIo S/OoLATEoRANGMAoBATHARIo R/OoUMRANGSOo DIST.oDIMAoHASAO,oASSAMo PIN-788931 VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oDEPARTMENTo OFoEXCISE,oDISPUR,oGUWAHATI-781006 2:SUPERINTENDENToOFoEXCISE oCOLLEGEoROAD HAFLONG oDIMAoHASAO o-788819 3:THEoDEPUTYoSUPERINTENDENToOFoEXCISE oCOLLEGEoROAD HAFLONG oDIMAoHASAO-788819 4:THEoDISTRICToCOMMISSIONER oDIMAoHASAO oHAFLONG-78881o AdvocateoforotheoPetitionerooooo:oMRoBoPATHAK,oMR.oMoSHARMAH,MRoBoHAZARIKA,MSoMo TIWARI,MRoVoKUMARo AdvocateoforotheoRespondento:oGA,oASSAM,oSC,oDIMAoHASAOoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA