GAHC010210402025

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THE GAUHATI HIGH COURT

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

Case No. : PIL/43/2025

BRAJEN HALOI

S/O- ARABINDA HALOI, R/O- VILL- MATIA AZARA, PO AND PS- AZARA,

DIST- KAMRUP(M), ASSAM- 781017

VERSUS

THE STATE OF ASSAM AND 4 ORS.

REP BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF

ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI- 781006

2:THE COMMISSIONER OF EXCISE

ASSAM

HOUSEFED COMPLEX

DISPUR

GUWHATI-781006

3:THE DISTRICT COMMISSIONER

KAMRUP (M)

HENGRABARI

KAMRUP (M)

ASSAM-781036

4:THE SUPERINTENDENT OF EXCISE

HENGRABARI

KAMRUP (M)

ASSAM-781036

5:SUKAMAL SINHA

PROPRIETOR OF WHISKEY GO GO WINE SHOP

O/O MR. HARBILASH KAKATI

REVENUE VILLAGE- KAHIKUCHI

MOUZA- DAKHIN RANI

REVENUE CIRCLE- AZARA DIST- KAMRUP (M)

ASSAM-781017 PRESENTLY LOCATED AT GNB ROAD SILPUKHURI GNB ROAD SILPUKHURI GUWAHATI-781003 DIST- KAMRUP (M)

ASSA Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MS M ZOMUANPUII,MR J SINGH,MR H AGARWAL,MRS J M KONWAR Advocate for the Respondent : SC, EXCISE DEPTT., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

05.12.2025 (M. Zothankhuma, J)

Heard Mr. B.D. Konwar, learned Sr. Counsel assisted by Ms. M. Zomuanpuii, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned counsel for the Excise Department.

2. The petitioner has challenged the action of the respondent authorities in permitting the relocation of the wine shop of the respondent No.5, which is an IMFL ‘OFF’ retail outlet, in the name of “Whisky Go Go”, from it’s current location at GNB Road, Silpukhuri, Guwahati to a new location at Rani Gate, Azara, District Kamrup(M), Assam.

3. The petitioner’s grievance is that the new premises of the shop of the respondent No.5, is going to be in close proximity to residential colonies, educational institutions, hospitals etc. in violation of Rule 289(1) of the Assam Excise Rules, 2016, which prescribes a mandatory distance for setting up a wine shop from educational institutions, religious places and hospitals etc.

4. The petitioner thus prays for a direction to set aside and quash the permit granted, if any, for shifting of the respondent No.5’s wine shop from it’s current location at GNB Road, Silpukhuri, Guwahati to a new location at Rani Gate, Azara, District Kamrup(M), Assam.

5. Mr. R.R. Gogoi, learned counsel for the Excise Department submits that an enquiry has been conducted by the respondent authorities and there had been a public meeting with regard to complaints, regarding the shifting of the wine shop of the respondent No.5, on 18.06.2025. He submits that during the hearing, it was found that none of the complainants reside within a radius of 75 meters from the proposed wine shop and as such, there was no violation of Rule 295(iii) of the Assam Excise Rules, 2016. He also submits that there is no educational institution, religious places or hospital etc. within a distance of 150 meters from the proposed wine shop, in terms of Rule 389 of the Assam Excise Rules, 2016. In this regard, he has submitted an enquiry report dated 18.08.2025, issued by the Superintendent of Excise, Kamrup Metro District; the Checklist for IMFL ON/OFF & C.S. Retail Licence, issued by the District Commissioner, Kamrup(M) on 18.08.2025 and letter dated 27.06.2025, issued by the Inspector of Excise, Borjhar to the Superintendent of Excise, Kamrup(M).

The above three documents are made a part of the record and marked as Annexure-X, Y & Z respectively.

6. Para 6 of Annexure-X and the contents of Annexure-Z are reproduced hereinbelow as follows:-

“6. Report on location and site covered by A.E. Rules, 2016 :-

The proposed site for shifting of IMFL "OFF" shop is located in the rented premises of Mr. Harbilash Kakoti, S/O:- Late Mayaram Kakoti at Rani Gate, Azara, Rani Road, Guwahati-781017,Kamrup metropolitan District standing over a plot of land covered by Dag No. 709 of Patta No. 305 of Revenue Village- Kahikuchi, under Mouza- Dakhin Rani, Reve