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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Sandhya Rani Goyari, D/o. Shri Robin Goyari – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt – Respondent
| Table of Content |
|---|
| 1. background facts regarding retail liquor license shifting. (Para 1 , 2 , 3) |
| 2. parties' conflicting contentions regarding license relocation eligibility. (Para 4 , 5) |
| 3. applicability of assam excise rules, rule 294-a. (Para 6 , 7 , 8) |
| 4. requirement to consider shifting applications under rule 294-a. (Para 9 , 10 , 11 , 12) |
| 5. mandatory judicial order for reconsideration of administrative application. (Para 13 , 14 , 15) |
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,
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....
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.
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....
Court affirmed that an educational institution lacking current regulatory approval cannot enforce distance requirements against a licensed business operating before its establishment.
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....
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