SHILLONG: The High Court of Meghalaya has pulled up West Garo Hills Deputy Commissioner Pravin Bakshi for cancellation of the license of a liquor shop in Tura and vacated the cancellation order issued by the deputy commissioner as it was made without ‘application of mind’.
As per the case, the petitioner, one Ruparam A Sangma, had shifted his liquor shop to Hawakhana, Tura, after obtaining necessary permissions from all concerned officials, non-government organizations and functionaries including local MLA and some NGOs.
However, when the petitioner started running the shop at the new location, the MLA of South Tura, from outside the constituency where the shop is situated, and some NGOs lodged complaints about the store.
It was also brought to the notice of the Deputy Commissioner (Excise), that the Hawakhana Baptist Church was scheduled to organize a CK Sobha next year. In this context, the officer though being the District Magistrate, in exercise of powers as Deputy Commissioner (Excise) passed an order under Section 52(1) of the Assam Excise Act, 1910 and directed temporarily closure of the shop.
Being aggrieved by the order, the petitioner approached the High Court.
A Division Bench of the High Court comprising Chief Justice Uma Nath Singh and Justice T.N.K. Singh said that when there was no specific complaint; or a notice regarding the date of holding of CK Sobha by the Hawakhana Baptist Church, and also no ground to show a breach of peace, the Deputy Commissioner, by passing the order acted in violation of the Fundamental Rights under Article 19 (1)(g) of the Constitution of India.”In view of the matter, we stay the operation of the order dated 11.09.2015 passed by the Deputy Commissioner (Excise), for, it prima facie appears to suffer from non-application of mind and ignorance of the provisions of law,” the Court said.
“It also appears that the power under Section 52 of the Assam Excise Act, 1910 is vested only in the District Magistrate and Sub-Divisional Magistrate, whereas the order has been passed in exercise of powers of Deputy Commissioner (Excise),” the Court observed.
However, on the request of the government counsel, the Court granted the Deputy Commissioner four weeks’ time to file his reply. The matter will come up for hearing on October 14.
