WP(C) 3579/2011 BEFORE HON’BLE MR JUSTIC B P KATAKEY Heard Mr C Baruah, learned Senior Counsel for the petitioner, as well as Mrs S S il, learned Standing Counsel for excise department appearing for the respondent nos.1 and 3. Also heard Mrs HM Phukan, learned state counsel appearing for the r espondent no.2. As agreed to by learned counsel for the parties, the matter is taken up for disposal at the motion stage itself. The grievance of the petitioner is that though pursuant to the order of settlement made by the settling authority on 20.2.2010 settling the no.4 Bihpuri a country spirit(CS) shop in his favour and he deposited the requisite license f ee for the financial year 2011-2012 on 22.6.2011 following the directions contai ned in the order dated 16th June 2011 passed in WP(C) no.2456/2011, no order al lowing the petitioner to lift the country spirit for the CS shop from the North Lakhimpur government warehouse has been passed by the respondents, particularly the Deputy Commissioner-cum-Collector, Lakhimpur. In the backdrop of such assertion of the petitioner, learned Standing Co unsel for the excise department as well as the learned state counsel were direct ed to obtain instructions. The learned Standing Counsel, on 3.8.2011, when the c ase was listed for consideration, apprised this Court that all the necessary doc uments had been placed by the Superintendent of Excise, Lakhimpur, before the De puty Commissioner, Lakhimpur, for passing necessary order for lifting country sp irit from the Government warehouse for vending at the petitioner’s CS shop and a s the authority has not passed any order for lifting the spirit, no liquor could allowed to be lifted by the petitioner. The case, however, was adjourned on tha t day on the prayer of the learned state counsel to obtain instruction from the Deputy Commissioner. Learned state counsel submitted today that she is yet to receive instruc tions from the Deputy Commissioner, Lakhimpur. It has further been submitted tha t if the petitioner is entitled to lift the country spirit from the Government e xcise warehouse in pursuance of the settlement made in his favour, necessary ord er shall definitely be passed by the Deputy Commissioner. Keeping in view the aforesaid position, I dispose of the present petitio n directing the Deputy Commissioner, Lakhimpur to pass necessary order in accord ance with law and bearing in mind the claim that the settlement order issued in favour of petitioner is still in force and the necessary license fee was also de posited by the petitioner. Such order shall be passed within 7 days from the day when the certified copy of this order is submitted before him by the petitioner . This writ petition is accordingly disposed of. No costs.