Page No.# 1/6 GAHC010210402025 2025:GAU-AS:16910-DB 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 Page No.# 2/6 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 08.12.2025 (M. Zothankhuma, J) Heard Ms. M. Zomuanpuii, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned counsel for the Excise Department and Mr. D.K. Sarmah, learned counsel for the respondent No.3. Today’s hearing is a continuation of the hearing held on 05.12.2025, where Mr. B.D. Konwar, learned Sr. Counsel was assisted by Ms. M. Zomuanpuii, learned counsel for the petitioner. 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. Page No.# 3/6 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 Page No.# 4/6 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, Revenue Circle-Azara. The proposed site of IMFL "OFF" shop is 310 sqft.. There is no any educational, religious institutions as well as Hospital, Dispensary and Nursing Home within the distance of 150 meters from the proposed site. The proposed site is more than 280 meters away from the National Highway. However, a population certificate of the 36 No. Kahikuchi Gaon Panchayat, Kahikuchi, Guwahati-15 is enclosed herewith. No Objection Certificate in respect of shifting of IMFL "OFF" shop has been issued by the Secretary of 36 No. Kahikuchi Gaon Panchayat, Kahikuchi, Guwahati-15, Kamrup Metropolitan District vide No. KGP/9/NOC/2024- 25/Certificate/Others/14 dated 19/03/2025. NoC from local Public in connection with shifting the said shop to that locality is also obtained and furnished. However, a notice was also issued as per Excise Department, Govt. of Assam Notification No.139880/1170 dated, 7th April, 2025 on 10/06/2025, and no objection from any person or body has been received till date resided within the 75 meters radius. The applicant has also produced other required documents such as deed of Tenancy Agreement (Copy enclosed), Site Plan, Jamabandi copy, Land Revenue Receipt, etc. are enclosed herewith the application. It is seen from the record that the licensee has deposited the application fees for shifting Rs. 200000/- (Two lakh) vide e challan No.order_QSnVIPoFTaRcBE dated 9th May, 2025. (Challan Copy enclosed).” “Sub: Report on public hearing conducted in response to public complaints received against shifting of an IMFL OFF shop from Silpukhuri to Ranigate, Azara. Sir, With reference to the subject cited above, we have the honour to inform you that a complaint petition was received from the President/Secretary of Jagrata Janani Mahila Samiti, Radio Center, Patgaon, Guwahati-781017 on 09-06-2025 at the office of the CDC, Jalukbari against shifting of an IMFL OFF shop namely "Whiskey Go Go" held by Sri Sukamal Singha bearing License No. 97/98-99 from its present site, GNB Road, Silpukhuri, Guwahati-781003 to a new site located at the rented premises of Mr. Page No.# 5/6 Harbilash Kakati, Ranigate, Azara, Guwahati- 781017. One more complaint was received on 02-06-2025 at the office of the Superintendent of Excise, Kamrup (M) regarding the same matter from Sri Utpal Kalita and 14 others. That Sir, in response to above mentioned complaints, both parties were called to participate in a public hearing conducted on 18/06/2025 at the office of the Superintendent Excise, Kamrup (M). On the day of the hearing 18 people were present. Upon hearing, it was found that none of the complainants reside within a radius of 75 meters of the proposed premises, as required under Rule 295(iii) of Assam Excise Rules, 2016, for the complaints to be considered. Moreover, there is no valid ground of objection as per the prevalent Assam Excise Rules, 2016.” 7. On a perusal of Annexure-X, Y & Z, the question of fact as to whether the proposed new IMFL retail outlet to be set up in Rani Gate, Azara violates Rule 289(1) of the Assam Excise Rules, 2016 has been set to rest. Annexure-X clearly shows that the proposed new location of the wine shop does not violate Rule 289(1) of the Assam Excise Rules. The complaint that had been made by 18 persons on the ground that the new location for the wine shop violates Rule 295(iii) of the Assam Excise Rules, 2016 has clearly been shown to be untrue as per Annexure-Z. 8. In the present case, there is no averment made by the petitioner that his residence is within 75 meters of the proposed new location from the wine shop. As such, no right of the petitioner can be said to be violated in view of the absence of such an averment being made in the petition. Even assuming that such an averment had been made by the petitioner, the same would be a disputed question of fact, which cannot be decided in a PIL. 9. In view of the reasons stated above, we do not find any ground to exercise our discretion in the present case. Page No.# 6/6 10. The PIL is accordingly dismissed. JUDGE JUDGE Comparing Assistant