A regulatory authority cannot reject an application for shifting a licensed premises on grounds of the initial tender process if the request satisfies the specific statutory requirements for relocation within the same district.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. I. H. Saikia, the learned counsel appearing on behalf of the petitioner and Mr. D. Gogoi, the learned Standing Counsel for the Excise Department appearing on behalf of the respondent Nos.1, 2 & 4. I have also heard Ms. M. Barman, the learned Government Advocate appearing on behalf of the respondent No.3. 2. The brief facts of the case are that the petitioner was granted an IMFL Retail “OFF” Shop licence at CHG-6, Dhaligaon Town, Ward No. 2, P.O. Dhaligaon, P.S. Dhaligaon, in the district of Chirang, which she has been operating in the name of Smti. Sandhya Rani Goyari, vide Licence No. 69 (2025-26) issued on 20.11.2025, in her own premises covered by Dag No. 806, Patta No. 603, situated at CHG-6, Dhaligaon Town, Ward No. 2, P.O. Dhaligaon, P.S. Dhaligaon, in the district of Chirang.

3. It is the contention of the petitioner that certain persons from the locality of the petitioner’s wine shop had lodged a formal complaint before the District Commissioner, Chirang, Kajalgaon, alleging that serious law and order and public safety issues arose due to the operation of the petitioner’s wine shop. 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 22.12.2025 for shifting the said wine shop from its existing site situated at CHG-6, Dhaligaon Town, Ward No. 2, P.O. Dhaligaon, P.S. Dhaligaon, in the district of Chirang to a rented premises belonging to Sri Uttam Chandra Boro, covered by Dag No. 286 of P.P. No. 80/470, situated at No. 2, Chapaguri, Ward No. 4, P.O. Chapaguri, P.S. Kajalgaon, under Sidli Revenue Circle in the district of Chirang.

4. Mr. I. H. Saikia, the learned counsel for the petitioner, while referring to the Assam Excise Rules, 2016, particularly, Rule 294-A submits 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 submits that since certain persons from the locality of the petitioner’s wine shop had lodged a formal complaint before the District Commissioner, Chirang, Kajalgaon, alleging that serious law and order and public safety issues arose due to the operation of the petitioner’s wine shop, 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. Mr. D. Gogoi, the learned Standing Counsel for the Excise Department representing the respondent Nos.1, 2 & 4 submits 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 the learned counsels for the parties and also perused the materials including the relevant Rules.

7. The Assam Excise Rules, 2016 has been f