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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Hunmoni Phukan S/o Late Tularam Phukan – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to shift wine shop premises. (Para 3 , 4) |
| 2. arguments on permissible shifting of licensed shop. (Para 5 , 6) |
| 3. court analysis of assam excise rules on shifting. (Para 7 , 8 , 10 , 11 , 12) |
| 4. rule 294-a details conditions for shifting licensed premises. (Para 9) |
| 5. court's order for reconsideration of the petitioner's application. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. I. H. Saikia, learned counsel appearing on behalf of the Petitioner and Mr. I. Borthakur, learned Standing Counsel for the Excise Department appearing on behalf of the Respondent Nos.1, 2 & 4.
2. I have also heard Ms. U. Das, learned Additional Senior Government Advocate appearing on behalf of the Respondent No.3.
3. The brief fact of the case is that the petitioner was granted an IMFL Retail "OFF" Shop license at Demow Grant, Demow Town, Ward No.6, District Sivasagar, Assam which he has been operating by the name of Sri Hunmoni Phukan vide License No.114/2024 issued on 06.09.2024, in the rented premises of Sri Hitesh Deori of Dag No.671, P.P. No.352, situated at Demow Grant, Demow Town, Ward No.6, District Sivasagar.
4. It is the contention of the petitioner
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.
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....
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Court affirmed that an educational institution lacking current regulatory approval cannot enforce distance requirements against a licensed business operating before its establishment.
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