Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Sharif Hussain, S/o. Lt. Talebuddin Ahmed – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner requests relocation of licensed wine shop due to landlord's lease refusal. (Para 1 , 2 , 3) |
| 2. conflict between statutory relocation rights and tender-based license location restrictions. (Para 4 , 5) |
| 3. rule 294-a permits intra-district relocation when lease renewals are denied. (Para 6 , 7 , 8 , 9) |
| 4. relocation within the same district satisfies rule 294-a requirements. (Para 10) |
| 5. statutory relocation rights override original tender location conditions. (Para 11 , 12) |
| 6. court directs authorities to re-examine relocation application under rule 294-a. (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 fact of the case is that the petitioner was granted an IMFL Retail "OFF" Shop license at NGN 5, Niz-Dhing Marketing, Dhing Municipal Board, Nagaon, Assam which he has been operating by the name of Sri Sharif Hussain vide License No.14/2
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.
The State Government cannot relax excise policy restrictions on shifting liquor shops outside designated areas, as it contravenes established law requiring public notification.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
