GAHC010062802023 2025:GAU-AS:14798

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1653/2023

SANKAR KALITA

S/O- LATE BIPIN CHANDRA KALITA,

R/O- PUB SARANIA,

P.O. AND P.S.- CHANDMARI, GUWAHATI,

DISTRICT- KAMRUP, ASSAM- 781003.

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM,

EXCISE DEPARTMENT, DISPUR, GUWAHATI- 781006.

2:THE COMMISSIONER OF EXCISE

ASSAM

HOUSEFED COMPLEX

DISPUR

GUWAHATI- 781006.

3:THE DEPUTY COMMISSIONER

KAMRUP(METRO)

GUWAHATI.

4:THE SUPERINTENDENT OF EXCISE

OFFICE OF THE DEPUTY COMMISSIONER

HENGRABARI

KAMRUP(M)

ASSAM- 781036.

5:THE DEPUTY SUPERINTENDENT OF EXCISE (WEST)

OFFICE OF THE DEPUTY COMMISSIONER HENGRABARI KAMRUP(M)

ASSAM- 781036.

6:HATIGAON SANMILITA MAHILA PARISHAD KAMRUP GUWAHATI ASSAM- 781038 REPRESENTED BY ITS PRESIDENT- SMT. NISHA BORDOLOI AND ITS SECRETARY- SMT. BANDANA HAZARIKA For the Petitioner(s) : Ms. P.C. Sangma, Advocate For the Respondent(s) : Mr. R.R. Gogoi, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

01.11.2025 Date :

Heard Ms. P.C. Sangma, the learned counsel appearing on behalf of the petitioner and Mr. R.R. Gogoi, the learned Standing Counsel appearing on behalf of the Excise Department.

2. The petitioner herein has assailed the order dated 23.02.2023 whereby the Deputy Commissioner, Kamrup (M) directed the petitioner to shift the liquor shop to any other location that conforms to all the norms regarding location of a liquor shop or else appropriate steps would be taken for closure of the shop in terms with the Assam Excise Act, 2000 and the Assam Excise Rules, 2016.

3. This Court finds it pertinent to take note of Rule 295 of the Assam Excise Rules, 2016 which amongst others stipulates that objection from owners or occupiers and residents of the neighborhood located within a radius of 75 meters of the premises involved shall be considered.

4. The materials on record further show that an enquiry was conducted pursuant to certain complaints and it was found that within 75 meters of the petitioner's shop there were 24 occupiers residing, out of whom 6 occupiers had raised objections. This aspect is also acknowledged by the petitioner in the reply dated 13.02.2023 to the show cause notice dated 04.02.2023, which reads as under:

“1. Regarding the objection from the neighborhood in terms of Rule 289 and 295 of Rules 2016, the opinion of the Local Public was ascertained by the Excise officials themselves and now after opening of the shop only 6 out of 24 are objecting the opening of the IMFL "OFF" shop as per the enquiry of the Deputy Superintendent of Excise. Majority of the Local Public are in favor of the opening of the said IMFL "OFF" Shop.”

5. It is pertinent herein to observe that no person has a right to carry on the business of liquor, it is merely a privilege. For the purpose of exercising such privilege, the person concerned has to follow the mandate of law i.e., the Assam Excise Act, 2000 and the Rules framed therein under.

6. In the instant case, as there are objections raised admittedly by 6 of the occupiers coming within the ambit of 75 meters from the petitioner’s shop, this Court does not find any good ground to entertain the challenge made to the order dated 23.02.2023, for which, the instant writ petition stands dismissed.

7. Interim order passed earlier stands vacated.

JUDGE Comparing Assistant