WP(C) 5400/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. A.M. Majumdar, learned Sr. counsel assisted by Mr. M. Nath, learned co unsel for the petitioner as well as Mr. I. Choudhury, learned counsel for the re spondent No. 4. I have also heard Ms. S. Seal, learned Standing counsel, Excise Department. This writ petition has been filed praying for a direction to the respond ents to restrain the respondent No. 4 from operating IMFL ON shop (Restaurant) in the particular premises cover by Dag No. 871 and Patta No. 262 under Beltol a Mouza. The petitioner has also prayed for setting aside and quashing the lett er dated 17.07.2009 (Annexure-2) and the licence issued in favour of the respond ent No. 4. According to the petitioner, the distance between the petitioner’s Bar a nd the proposed Bar of the respondent No. 4 is less than 100 mtrs. As per the re quirement of the provision of the Assam Excise Rules, the distance between the t wo Bars should be 100 mtrs. Considering the nature of the grievance raised, this Court had issued di rection to measure the distance between the two Bars and upon such measurement, the opinion expressed is that the distance is 99.6 mtrs., which in my view, conf orms to the requirement of the distance of 100 mtrs. The Commissioner of Excise Department has also filed an affidavit accepting the report furnished by the Sup erintendent of Excise stating that the distance of 99.6 mtrs. may be considered for operating the new Bar. In view of the above, the writ petition is disposed of providing that th e official respondents shall allow the respondent No. 4 to operate the Bar for w hich licence has already been issued. Writ petition is disposed of.