All Assam Bonders & Manufactures Association v. State of Assam
2016-04-08
AJIT SINGH, SUMAN SHYAM
body2016
DigiLaw.ai
JUDGMENT : SUMAN SHYAM, J. 1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R. Dubey, learned counsel for the appellants and Mr. P.N. Goswami, learned Standing Counsel, Excise Department for the respondents. 2. Being aggrieved by the order dated 1.2.2016 passed by the learned Single Judge in W.P. (C) No. 511 of 2016, refusing to grant any interim order in terms of the prayer made in the writ petition, the appellants are before this Court by filing the instant appeal espousing the cause of bonders and manufacturers of IMFL in Assam. 3. Mr. K.N. Choudhury, learned senior counsel appearing for the appellants submits that Respondent No.2 has issued the impugned E-tender notice dated 21.01.2016 without framing any modalities or guidelines or without suitably amending the Assam Excise Rules, 1945, although an attempt is being made to transfer the cost of the high security hologram to the bonders in an arbitrary manner. He, therefore, submits that until such time, adequate rules are framed by the authorities notifying the criteria to be followed in the matter of sharing of costs etc., the E-tender process should not be allowed to proceed further. 4. The Respondent No.2 has filed an affidavit stating that the Department has already initiated steps for framing appropriate Rules in the matter. The statements made in the affidavit are quoted herein-below for ready reference:- “B. That as against the above challenge made in the writ appeal, the deponent would like to state that e-tender notice has been issued only for establishment of security hologram manufacturing facility, within the Kamrup (M) district. Once a suitable manufacturer is selected after following due procedure, it is expected that it would take at least three months time to start the manufacturing process. Hence the department will take steps for framing of Rules/instructions in this regard before the hologram is affixed on liquor bottles. Once the necessary Rules are framed, it would be known to all as to how the cost of hologram will be realised. To be more specific and precise, it is stated that all matters pertaining to introduction, affixation and payment for procurement of hologram will be regulated by bringing in suitable amendments to the Assam Excise Rules, 1945.” 5. Mr.
Once the necessary Rules are framed, it would be known to all as to how the cost of hologram will be realised. To be more specific and precise, it is stated that all matters pertaining to introduction, affixation and payment for procurement of hologram will be regulated by bringing in suitable amendments to the Assam Excise Rules, 1945.” 5. Mr. P.N. Goswami, learned Standing Counsel, Excise Department, therefore, submits that until such time the rules are framed and/or notified by the Department, no effective steps would be taken by the Department in terms of the E-tender notice. 6. Having noted the submissions made by the learned counsel for the parties and also considering the stand of the Respondent No.2, as reflected above, we deem it proper to close this writ appeal for now, by directing the respondents not to proceed further with the e-tender process for affixing high security hologram until such time rules and/or guidelines are framed and notified by the Department governing the aforesaid subject. 7. The writ appeal, accordingly, stands disposed of.