Point of Law: Seeking cancellation of licence of - To obtain/get a licence of IMFL is not a matter of right.

JUDGMENT :

R.M. Chhaya, J.

By way of this petition, styled as public interest litigation, the petitioners have prayed for the following main reliefs :-

“Under the above facts and circumstances, it is therefore prayed that Your Lordships would be pleased to admit this petition, call for the records, issue a Rule Calling upon the respondents to show cause as to why a writ in the nature of mandamus/certiorari shall not be issued directing/commanding the respondents –

1) to prohibit the respondents authority to install any Wine shop near the Agomoni Girls M.E. School or to any other Educational or religious Institutions like Mandir/Masjid and to the side of 17 No. National High Way at Agomoni of Dhubri district,

2) to set aside or quash wine shop licence if any issued to the private respondent for installing a Wine shop near to any Educational or religious institutions or near to the 17 No. national High way at Agomoni, district Dhubri and after perusal of records, hearing the parties and after showing cause or causes if any be pleased to make the rule absolute granting adequate relief as your lordship may deem fit and proper in the interest of Justice.

- And

Further, pending disposal of the rule it is prayed in the interim that no wine shop may be installed near to any Educational or religious institution or near to 17 No. National High way at Agomoni in the interest of justice.”

2. It is the case of the petitioners that a notice came to be circulated on 17.10.2021 (Annexure-1) inviting applications from the eligible candidates for issuing Wine Shop licence for Agomoni. It is the case of the petitioners that one Mayarani Sarkar (respondent No.6 herein) has been selected for issuance of the Wine Shop licence at Agomoni. The petitioners have further averred that the respondent No.6 has constructed an Assam Type RCC house situated near close to Agomoni Girls’ M.E. School and on the side of National Highway-17, wherein the Wine Shop is going to be established. It is the case of the petitioners that the Wine Shop to be established is very near to educational institutions and much other religious worship, like mandir and mosque and that too on the roadside of the National Highway-17. The petitioners approached the respondent authorities including Minister of Excise Department, Government of Assam with a representation dated 07.05.2022, wherein it is contended that the distance of the school is only 50 Metres from the proposed Wine Shop of the respondent No.6. Since the representation was not answered so also the public complaint dated 07.12.2021, the present petition is filed.

3. It is alleged in the petition that the licence has been issued in violation of Rules 183 and 191 of the Assam Excise Rules, 1945. It is also contended that the respondent No.6, who has constructed an RCC Assam Type house to open the Wine Shop, is a pensioner being wife of an ex Lot Mondal and is having sufficient landed property as a source of income. It is also contended that her two daughters are serving in the Office of the Deputy Commissioner, Dhubri. The petitioners have relied upon the judgment of this Court in the case of Rubul Kanti Roy & Ors. -Vs-State of Assam & Ors., reported in 2000 (2) GLT 460 and has contended that the authorities while considering the question of issuance of licence for liquor shop must comply with the provisions of the relevant Rules and the provisions of the Act. Relying upon Rule 191 of the Assam Excise Rules, 1945, it is contended that the enquiry must be made in public interest and objection should be considered. The petitioners have also referred to and rely upon another judgment of this Court in the case of Prasanta Barpatra -Vs-State of Assam & Ors., reported in 2002 (2) GLT 292 and has contended that getting a licence for a retail shop of IMFL is not a matter of right and public good and larger interest of the society is to be considered while granting licence.

4. It is also contended that the decision to open a Wine Shop at Ago