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 considerations.

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 the said wine shop from its existing site situated at Bajugaon to a new site at Bhairiguri (Srirampur), P.O. Srirampur, P.S. Gossaigaon in the district of Korkrajhar at the rented premises of one Sri Ananiyel Murmu. The petitioner has also deposited the requisite application fee for shifting to a tune of Rs.2,00,000/- (Two Lakhs) only, along with other relevant documents.

4. Mr. F.K.R. Ahmed, the learned counsel for the petitioner, while referring to the Assam Excise Rules, 2016, particularly, Rule 294-A submitted that the shifting of premises licensed for wholesale or retail vend of foreign liquor, country spirit and heritage alcoholic beverages from one location to another within the same district is permissible in cases where the licencee is running his licensed shop at a place under rental deed and the landlord or owner of the place refused to extend the term of the lease. He submitted that since the landlord under which the petitioner was running his license shop has refused to extend the terms of the lease, for which the petitioner has prayed for shifting of the license shop to another premises within the same District, which is permissible under the Rule, the rejection of the application for shifting of the license shop within the District is not sustainable. Therefore, the Respondent Authorities may be directed to consider the case of the petitioner in accordance with the provisions of the Assam Excise Rules, 2016.

5. Ms. K. Saikia, the learned Standing Counsel for the Excise Department representing the respondent Nos.1, 2, 3, 5 and 6 submitted that since the petitioner was granted the IMFL Retail "OFF" Shop license, pursuant to the tender process and considering his financial bid for a particular area as per the policy of granting license, the prayer for shifting of the wine shop to a different premises, which is far off from the present premises, cannot be permitted.

6. I have considered the submissions of learned counsel for the parties and also perused the materials including the relevant Rules.

7. The Assam Excise Rules, 2016 has been framed under Section 84 of the Assam Excise Act, 2000, which has been amended vide notification dated 30.10.2020. The Assam Excise Rules, 2016 has substituted the Rule 294 and inserted the new Rule 294-A.

8. Rule 294-A of the Assam Excise Rules, 2016 regulates the shifting of the premises licensed for wholesale or retail vend of foreign liqu