Statutory rules providing for the relocation of licensed premises due to valid property tenure issues take precedence over administrative policies regarding the initial competitive bidding process used to grant a license.

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.14/2024-2025 issued on 20.02.2025, in the rented premises of Sri Kusheswar Saikia of Dag No.225, P.P. No.244, situated at Niz-Dhing Marketing under Niz-Dhing Kissam of Dhing Mouza under Dhing Municipal Board, P.O.&P.S.- Dhing in the district of Nagaon, Assam.

3. It is the contention of the petitioner that the landlord under whose premises the wine shop has been running, has refused to extend the lease agreement on being expired. 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 21.10.2025, for shifting of the said wine shop from its existing site situated at Niz-Dhing Marketing under Niz- Dhing Kissam of Dhing Mouza under Dhing Municipal Board, P.O.&P.S.- Dhing in the district of Nagaon, Assam to a new site at Diphalu, Nagaon under Mouza- Niz Sahar, P.S. Sadar at Dag No. 530 and Patta No. 90 in the rented premises of Sri Bijay Kumar Saikia. The petitioner has also deposited the requisite application fee for shifting to a tune of Rs.2,00,000/- (Two Lakhs) only, along with other relevant documents.

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 the landlord under which the petitioner was running his license shop has refused to extend the terms of the lease, 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 learned counsel for the parties and also perused the materials including the relevant Rules.

7. The Assam Excise Rules, 2016