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Judgment
Heard Mr. T.D. Majumder, learned counsel appearing for the writ petitioner-applicant as well as Mr. D. Bhattacharya, learned G.A. appearing for the respondents.
By means of this application, the writ petitioner-applicant has urged this court to direct the respondents to issue import permit in favour of the writ petitioner-applicant for Indian Made Foreign Liquor [IMFL] and Beer, till disposal of the writ petition.
By the order dated 06.05.2020 passed in the writ petition being WP(C)No.275 of 2020, this court has stayed the settlement of the Ranir Bazar Foreign Liqour Shop, about which this proceeding concerned, and also directed the respondents to allow the writ petitioner-applicant to run the existing shop so that loss of revenue can be avoided. But no direction as regards the import permit was made part of the said interim order. Hence, this application has been preferred by the writ petitioner-applicant.
In the similar circumstances, an observation has been made by this court in other writ petitions stating that having regard to the predicament as projected before us, we relegate the matter to the Collector of Excise as we understand it involves earning of revenue by the State.
Hence, the writ petitioner shall file a formal prayer with indent for import permit. In the indent, the writ petitioner shall invariably catalogue the products, he wants to lift. Such prayer be filed by 15.07.2020. The Collector shall decide the matter within one day thereafter and if he is satisfied, he shall issue the import permit forthwith.
Mr. D. Bhattacharya, learned G.A. appearing for the respondents has submitted that the official-respondents will have no objection if such order is passed.
Accordingly, the Collector of Excise, West Tripura District is directed that if the writ petitioner-applicant submitted a formal prayer with indent for import permit, in the given circumstances that shall be considered so that no loss of revenue is caused to the state and the writ petitioner does not suffer any predicament.
In terms of the above, this application stands allowed and accordingly, the same is disposed of.
Mr. D. Bhattacharya, learned G.A. has waived and accepted notice for the respondents No.1 to 3.
A copy of this order be supplied to the counsel for the parties and one copy shall be sent by e-mail to the Collector of Excise in the following mail ID [email protected] for immediate knowledge.