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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Kaberi Das, W/O. Sri Partha Choudhury – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary To The Govt. Of Assam, Excise Department – Respondent
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 carrie
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.
The court ruled that the rejection of a liquor license application based on arbitrary policy distinctions lacks reasonable grounding and does not adequately consider public interest.
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....
Letters demanding changes post-license renewal are legally unsound if objections are not timely filed according to statutory provisions.
It is an onerous obligation for an educational institution to devote itself in building a robust society by imparting creative education at the school level which ought not to be overlooked.
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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