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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Jiyanta Baruah, S/o. Lt. Naren Chandra Baruah – Appellant
Versus
State Of Assam, rep. By The Commissioner And Secretary To The Govt. Of Assam, Department Of Excise – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. R. M. Deka, the learned counsel appearing on behalf of the petitioner. Also heard Mr. R. R. Gogoi, the learned counsel appearing on behalf of the Excise Department; Ms. U. Das, the learned Additional Senior Government Advocate who appears on behalf of the District Commissioner, Kamrup (Metro); Ms. P. Das, the learned counsel appearing on behalf of the Secondary Education Department of the Government of Assam as well as Mr. B. J. Ghosh, the learned counsel who appears on behalf of the respondent No.6.
2. The petitioner herein has approached this Court seeking an appropriate writ direction and order for quashing the communication dated 27.04.2016 issued by the Joint Secretary to the Government of Assam, Excise Department thereby directing the petitioner to shift his IMFL “OFF” License Shop to any other location on the ground of violation of Rule 183 of the Assam Excise Rules, 1945. The petitioner further seeks appropriate directions that the petitioner may be permitted to continue to run the IMFL “OFF” License Shop in the name and style of “M/s Rishi’s Wine Hut” from the existing location at Bora Marketing Complex, R.G. Baruah Road, Guwahati.
3.
Court affirmed that an educational institution lacking current regulatory approval cannot enforce distance requirements against a licensed business operating before its establishment.
Seeking cancellation of licence of - To obtain/get a licence of IMFL is not a matter of right.
Public sentiment cannot override legally granted licenses; objections must stem from legally recognized residents within specified distances.
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.
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....
The authority cannot mandate the shifting of an operational licensee's business based on objections raised after the statutory period, as such orders lack jurisdiction and must be supported with reas....
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