Public sentiment cannot override legally granted licenses; objections must stem from legally recognized residents within specified distances.

JUDGMENT :

Rajesh Mazumdar, J.

Heard Mr B D Das, learned Senior Counsel, assisted by Mr J Lotha, learned counsel for the petitioner. Also heard Mr D Gogoi, learned Standing Counsel, Excise, appearing on behalf of the respondent Nos. 1, 2 and 4

2. The grievance in this writ petition is that the petitioner is the refusal of the respondents to issue the IMFL On-Shop License to the petitioner in consonance to the sanction already granted by the communication dated 20.05.2025. The petitioner, operating a restaurant in the name and style of M/s Angel Restaurant at Pandu Sadilapur, in the district of Kamrup, had applied for IMFL On-Shop License in her restaurant by converting the name to M/s Angel Bar and Restaurant. On consideration of the application filed by the petitioner and on deposit of the application fees, due verification had been carried out by the respondents in the Excise Department, and, thereafter, the Government had granted sanction for the IMFL On-Shop License by the order dated 20.05.2025. The petitioner, thereafter, deposited the requisite amount towards license fees and security amount etc. Acting on the sanction issued for grant of license, the petitioner had also carried out the renovation of her business premises. However, the respondents did not issue the IMFL On-Shop License and the petitioner had to approach this Court by preferring WP(C) No. 4222/2025. The said writ petition was withdrawn by the writ petitioner since the respondents had taken the stand that the respondent No. 2 had requested the respondent No. 3 to halt issuance of IMFL On-Shop License to the petitioner, despite the sanction having been already granted. This writ petition has now been instituted assailing the letter dated 26.05.2025, and praying for directions to the respondents to issue the IMFL On-Shop License to the petitioner in consonance to the sanction already granted by the communication dated 20.05.2025.

3. Mr B D Das, learned Senior Counsel appearing for the petitioner has submitted that the documents annexed to the writ petition would show that the respondents have already carried out all the requisite enquiries regarding the application of the petitioner for grant of an IMFL On-Shop License and in furtherance of the sanction being accorded, the petitioner has also taken all steps necessary on her part to ensure that the issuance of the license is not delayed. Referring to the communication dated 26.05.2025, the learned Senior Counsel has submitted that the said letter was issued referring to a letter received from the Hon’ble Minister of Excise, which, in turn, referred to a widespread resentment among the public, students and the faculties of the Gauhati University against grant of license to the petitioner.

4. The learned Senior Counsel has submitted that when all enquiries had been conducted by the respondents in accordance with the provisions of Assam Excise Manual, mere resentment by certain groups of people, who are not entitled to raise objections for issuance of such license, would not be a ground for the respondent authorities to deny the petitioner her right to carry out the business in accordance with law.

5. The learned Senior Counsel has submitted that the decision to keep the issuance of the license on hold had been taken without affording any opportunity to the petitioner and in fact, when such objections are not required to be entertained under the provisions of the relevant rules, the same should not have been entertained to the disadvantage of the petitioner.

6. The learned Senior Counsel has referred to the Judgments delivered in the case of Deputy Commi