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GAHC010063992026

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

Case No. : WP(C)/1863/2026

SRI ANUJ KUMAR BISHAYA AND ANR SON OF KSHIRUDA KANTA BISHAYA, RESIDENT OF HOUSE NO. 80, SRS ROAD, UZANBAZAR, GUWAHATI, P.S.- LATASHIL, P.O.- UZANBAZAR,

DISTRICT- KAMRUP (M), ASSAM

2: SRI WAZUDDIN AHMED SON OF LATE SIRAJUDDIN AHMED RESIDENT OF HOUSE NO. 40

B C ROAD UZANBAZAR

GUWAHATI P.S. LATASHIL P.O. UZANBAZAR

DISTRICT- KAMRUP (M)

ASSA VERSUS

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE

GOVERNMENT OF ASSAM, EXCISE DEPARTMENT, GUWAHATI- 781006

2:THE COMMISSIONER OF EXCISE ASSAM

HOUSE FED COMPLEX DISPUR

GUWAHATI- 781006

3:THE DEPUTY COMMISSIONER KAMRUP (M)

ASSAM

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4:THE SUPERINTENDENT OF EXCISE DEPARTMENT KAMRUP (M)

ASSAM

5:THE GUWAHATI MUNICIPAL CORPORATION UZANBAZAR OFFICE GUWAHATI PIN- 781001

6:TAFIQUE RAHMAN LICENSED OWNER OF ROAD SIDE WINE SHOP

SITUATED AT BHUBAN ROAD UZANBAZAR P.S. LATASHIL

P.O.- UZANBAZAR DISTRICT- KAMRUP (M)

ASSA

Advocate for the Petitioner : MR. D J DAS, MR S SARMAH Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT.,SC, GMC

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

31.03.2026

Heard Mr. D.J. Das, learned counsel for the petitioners; Mr. R.R. Gogoi, learned Standing Counsel, Excise Department for the respondent nos. 1, 2 & 4; Mr. M. Chetia, learned Junior Government Advocate, Assam for the respondent no. 3; and Mr. S. Bora, learned Standing

Counsel, GMC for the respondent no. 5.

2. The petitioners have stated that they are residents of SRS Road and BC Road, Uzanbazar, Guwahati. The petitioners have approached this Court aggrieved by a recent decision of the respondent authorities in the Excise Department to shift one Indian Made Foreign Liquor [IMFL] ‘Off’ licensed shop of the respondent no. 6, which was earlier located

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at Adabari, Guwahati to Bhuban Road, Uzanbazar. According to the petitioners, the place where the IMFL ‘Off’ shop has been allowed to shift is in the restricted radius of 100 metres from Praja Pati Brahma Kumaris Ishwarya Bidalaya and Kids Kinder Garden School, located on the same road, that is, Bhuban Road. It is the further grievance of the petitioners that no proper public hearing took place prior to the decision to shift the IMFL ‘Off’ shop in the locality in terms of the provisions contained in Assam Excise Act, 2000 and the Assam Excise Rules, 2016, more particularly, Section 289, Rule 294 and Rule 294[A]. The petitioners have stated that when the matter of shifting of the concerned IMFL ‘Off’ shop was objected to by

way of a representation, the respondent authorities did not give any heed to it.

3. Mr. Gogoi, learned Standing Counsel, Excise Department has submitted that before the decision to shift the IMFL ‘Off’ shop, proper notice was published and a hearing took place. It is only after submission of an enquiry report, the decision of shifting the IMFL ‘Off’ shop has

been taken as per the provisions of the Assam Excise Act and the Assam Excise Rules.

4. Issue notice, returnable on 13.05.2026.

5. As Mr. Gogoi, learned Standing Counsel, Excise Department has appeared and accepted notices on behalf of the respondent nos. 1, 2 & 4; Mr. Chetia, learned Junior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent no. 3; and Mr. Bora, learned Standing Counsel, GMC has appeared and accepted notice on behalf of the respondent no. 5, issuance of formal notice to the said respondents is dispensed with. The learned counsel for the petitioners shall furnish requisite nos. of extra copies of the writ petition along with the annexures to Mr. Gogoi, Mr. Chetia and Mr. Bora within 2 [two]

working days from today.

6. The petitioners shall take steps for service of notice upon the respondent no. 6 by speed post within 2 [two] working days from today.

7. The respondent authorities shall file their response on or before the returnable date. Th