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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Hunmoni Phukan S/o Late Tularam Phukan – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. I. H. Saikia, learned counsel appearing on behalf of the Petitioner and Mr. I. Borthakur, learned Standing Counsel for the Excise Department appearing on behalf of the Respondent Nos.1, 2 & 4.
2. I have also heard Ms. U. Das, learned Additional Senior Government Advocate appearing on behalf of the Respondent No.3.
3. The brief fact of the case is that the petitioner was granted an IMFL Retail "OFF" Shop license at Demow Grant, Demow Town, Ward No.6, District Sivasagar, Assam which he has been operating by the name of Sri Hunmoni Phukan vide License No.114/2024 issued on 06.09.2024, in the rented premises of Sri Hitesh Deori of Dag No.671, P.P. No.352, situated at Demow Grant, Demow Town, Ward No.6, District Sivasagar.
4. 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 14.11.2024, for shifting of the said wine shop from its existing site situated at Demow Town to a
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....
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.
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.
The State Government cannot relax excise policy restrictions on shifting liquor shops outside designated areas, as it contravenes established law requiring public notification.
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