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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Titumir Chakraborty S/o Debiprosad Chakraborty – Appellant
Versus
State Of Assam S/o Debiprosad Chakraborty – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1.Heard Mr. F.K.R. Ahmed, the learned counsel appearing on behalf of the petitioner and Ms. K. Saikia, the learned Standing Counsel for the Excise Department appearing on behalf of the respondent Nos.1, 2, 3, 5 and 6. I have also heard Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the respondent No.4.
2. The brief fact of the case is that the petitioner was granted an IMFL Retail "OFF" Shop license at KJR-5, Bajugaon Bazar, P.O. Goladangi, P.S. Gossaigaon, District Kokrajhar, Assam which he has been operating by the name of Sri Titumir Chakraborty vide License No.11 (2023-24) issued on 14.03.2024, in the rented premises of Smti Ajali Narzary of Dag No.41 and Patta No.60, situated at Bajugaon Bazar under Gossaigaon Revenue Circle in the district of Kokrajhar.
3. It is the contention of the petitioner that the landlord under whose premises the wine shop has been running, has refused to extend the lease agreement on being expired. Having no alternative, the petitioner had to shift the said wine shop to a new location. The petitioner, accordingly applied for permission vide application dated 06.12.2024, for shifting of t
The court emphasized that under Rule 294-A of the Assam Excise Rules, shifting of licensed premises is permissible when the landlord refuses lease extension, irrespective of financial bid considerati....
A licensee's request to shift premises for an alcohol retail shop due to a landlord's refusal must be evaluated under specific regulations allowing such moves within the same district.
Point of Law : Shifting/transfer of liquor shop - Learned Single Judge was of the opinion, and rightly so, that no right had accrued to petitioners as right can only accrue after sanction had been gi....
Point of Law : Public authority will be liable to be quashed or otherwise dealt with by an appropriate order in judicial review proceedings where Court concludes that decision is such that no authori....
Court affirmed that an educational institution lacking current regulatory approval cannot enforce distance requirements against a licensed business operating before its establishment.
The State Government cannot relax excise policy restrictions on shifting liquor shops outside designated areas, as it contravenes established law requiring public notification.
Compliance with procedural requirements under the Odisha Excise Rules is necessary for the lawful shifting of liquor licenses, and pleadings must be specific to raise valid legal objections.
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