WP(C) 5147/2011 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA (ORAL) Heard Mr. AK Das, learned counsel for the petitioner. Also heard Mr. BJ Ghosh, l earned State counsel and the learned Standing Counsel, Excise Deptt. Considering the grievance raised in this petition and also agreed to by the lear ned counsel appearing for the parties, this writ petition is disposed of at the admission stage itself. The writ petition has been filed praying for a direction to the respondent No.2 to pass an order forthwith allowing the petitioner to shift his wine shop from N arengi to Katahbari pursuant to the sanction order dated 19.5.2011 issued by the Commissioner of Excise, Assam. The case of the petitioner in brief is that the petitioner was granted a license to run an Indian Made Foreign Liquor OFF Shop on 6.10.2005 by the Excise Depa rtment, Government of Assam. He opened the wine shop at Narengi Tiniali and was running the wine shop till 2007 in that place. When he found that the location w as not suitable for his business and he was facing losses, he searched for an al ternative location for shifting his shop. He chose a place at Katahbari to shift his shop and entered into a Tenancy Agreement on 1.11.2008 with the owner of th e rented premise. Thereafter, he applied before the Deputy Commissioner, Kamrup (M), i.e. respondent No.2 to allow him for shifting his wine shop to Katahbari. The State Government after completion of local enquiries directed the respondent No.2 to allow the petitioner to shift his wine shop to Katahbari vide Memo No.1 1-23/98-99/984 dated 19th May, 2011, but, the respondent No.2 has not taken any action till date. Hence, the petitioner has approached this Court by filing the instant writ petition with the aforesaid prayer. Mr. Das, learned counsel for the petitioner has drawn the attention of this Cour t to the letter dated 19.5.2011 issued by the Commissioner of Excise, Assam. The same being relevant in the case is quoted hereinbelow: GOVERNMENT OF ASSAM OFFICE OF THE COMMISSIONER OF EXCISE :: ASSAM HOUSEFED COMPLEX, DISPUR, GUWAHATI-6 NO.II-23/98-99/984 Dated Guwahati, the 19th May, 2011 From : Sri Sabbir Hussain, IAS, Commissioner of Excise, Assam, Housefed Complex, Dispur, Guwahati-6. To : The Deputy Commissioner, Kamrup (M) Sub : Shifting of premises of IMFL OFF shop held by Sri Nripen Ch. Nath from MT Road, Narengi Tiniali to Katahbari, Ghy-35. Ref : Your letter No.KXL-16/2005/75/75 dated 25.1.2011. Sir, In conveying herewith the Govt. approval for shifting of IMFL OFF Shop premise s held by Sri Nripen Ch. Nath from existing site from MT Road, Narengi to new si te at Katahbari, Ghy-35 accorded vide Govt. letter No.EX.170/2005/58 dated 17/03 /11 (copy enclosed), I have the honour to say that the said IMFL OFF shop prem ises held by Sri Nripen Ch. Nath may be shifted from MT Road, Narengi Tiniali to Katahbari, Ghy-35 near ISBT belonging to Sri Hareswar Boro, S/o- Late Lalit Ch. Boro, Fatasil Datalpara with holding No.459 of Ward No.13 under GMC and covered by Dag No.823 and patta No.45 under Beltola Mouza, subject to fulfillment of co ndition under Rule 182 of Assam Excise Rules, 1945 with an intimation to this of fice at an early date. Yours faithfully, Sd/- Sabbir Hussain Commissioner of Excise, Assam, Housefed Complex, Dispur, Guwahati-6. Memo No.NO.II-23/98-99/984 Dated Guwahati, the 19th May, 2011 Copy to:- 1. The Superintendent of Excise, Kamrup (M) for information and necessary action . 2. Sri Nripen Ch. Nath, Narrengi Chariali, Ghy-26 Commissioner of Excise, Assam, Housefed Complex, Dispur, Guwahati-6. In view of the aforesaid communication, Mr. Das has submitted that the matter ma y be disposed of with a direction to the respondent No.2, i.e. the Deputy Commis sioner, Kamrup (M) to pass necessary order allowing the petitioner to shift the IMFL OFF shop from the existing site to the Katahabari, Guwahati-35 near ISBT, details of which has already been mentioned in the letter dated 19.5.2011 quote d hereinabove. Mr. Ghosh, learned State counsel has raised no objection to the limited prayer s o made by Mr. Das and submitted that the matter may be disposed of as prayed for at this stage itself. In view of the above and considering the communication dated 19.5.2011 as well a s the submission made by learned counsel appearing for the parties, the writ pet ition is disposed of with a direction to respondent No.2 to pass necessary order within a period of 3 (three) weeks from the date of receipt of certified copy o f this order. The petitioner shall submit a certified copy of this order before the respondent No.2, the Deputy Commissioner, Kamrup (M) for passing necessary order.