GAHC010260202025 2025:GAU-AS:17111

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6991/2025 TITUMIR CHAKRABORTY

S/O DEBIPROSAD CHAKRABORTY, R/O VILL. SHANTINAGAR, W/NO 1

(BEHIND CIRCUIT HOUSE), P.O. AND P.S. KOKRAJHAR, DIST. KOKRAJHAR,

ASSAM, PIN 783370

VERSUS

THE STATE OF ASSAM AND 5 ORS

S/O DEBIPROSAD CHAKRABORTY, R/O VILL SHANTINAGAR, W/NO 1

(BEHIND CIRCUIT HOUSE), P.O. AND P.S. KOKRAJHAR, DIST. KOKRAJHAR,

ASSAM, PIN 783370

2:SECY. TO THE GOVT. OF ASSAM

EXCISE DEPTT.

DISPUR

GUWAHATI 6

3:THE COMMISSIONER EXCISE ASSAM

HOUSEFED COMPLEX

DISPUR

GUWAHATI 6

4:THE DIST. COMMISSIONER

KOKRAJHAR DIST.

P.O. AND P.S. KOKRAJHAR

ASSAM

PIN 783370

5:THE SUPERINTENDENT OF EXCISE

KOKRAJHAR DIST.

P.O. ANDP.S. KOKRAJHAR ASSAM PIN 783370

6:INSPECTOR OF EXCISE KOKRAJHAR (SADAR)

P.O. AND P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM PIN 78337 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. F.K.R. Ahmed, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. Govt. Advocate Ms. K. Saikia, Standing Counsel Date on which judgment was reserved : NA Date of pronouncement of judgment : 10.12.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes

JUDGMENT AND ORDER (ORAL)

Heard Mr. F.K.R. Ahmed, the learned counsel appearing on behalf of the petitioner and Ms. K. Saikia, the learned Standing Counsel for the Excise Department appearing on behalf of the respondent Nos.1, 2, 3, 5 and 6. I have also heard Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the respondent No.4.

2. The brief fact of the case is that the petitioner was granted an IMFL Retail "OFF" Shop license at KJR-5, Bajugaon Bazar, P.O. Goladangi, P.S. Gossaigaon, District Kokrajhar, Assam which he has been operating by the name of Sri Titumir Chakraborty vide License No.11 (2023-24) issued on 14.03.2024, in the rented premises of Smti Ajali Narzary of Dag No.41 and Patta No.60, situated at Bajugaon Bazar under Gossaigaon Revenue Circle in the district of Kokrajhar.

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 06.12.2024, for shifting of the said wine shop from its existing site situated at Bajugaon to a new site at Bhairiguri (Srirampur), P.O. Srirampur, P.S. Gossaigaon in the district of Korkrajhar at the rented premises of one Sri Ananiyel Murmu. 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. F.K.R. Ahmed, the learned counsel for the petitioner, while referring to the Assam Excise Rules, 2016, particularly, Rule 294-A submitted 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 submitted 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. Ms. K. Saikia, the learned Standing Counsel for the Excise Department representing the respondent Nos