Page No.# 1/5 GAHC010043232024 2025:GAU-AS:5498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1175/2024 HALAKURA POPULAR SENIOR SECONDARY SCHOOL AND ANR PO MAHAMAYAHAT DIST DHUBRI, ASSAM REPRESENTED BY ITS PRINCIPAL ABDUL MAJID SARKAR, 2: ABDUL MAJID SARKAR S/O LATE SAWKAT ALI RESIDENT OF VILLAGE BELGURI PART II PO BELGURI DIST DHUBRI ASSAM 78333 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EXCISE DEPARTMENT, DISPUR, GUWAHATI 6 2:THE COMMISSIONER OF EXCISE ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI 781006 3:THE DISTRICT COMMISSIONER DHUBRI DISTRICT ASSAM 783301 4:THE SUPERINTENDENT OF TAXES DHUBRI ASSAM 783301 5:MRIDUL KUMAR MAJUMDAR S/O KHITISH MAZUMDAR RESIDENT OF DHUBRI TOWN WARD NO. 7 DIST DHUBRI ASSAM 78330 Page No.# 2/5 Advocate for the Petitioner : MR. M DAS, Advocate for the Respondent : GA, ASSAM, MR A BHATRA (R-5),N CHAUDHURY (R-5),MR A DEKA (R-5),MR. M DAS (R-5),MR. B D DEKA (R-5),SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 05.05.2025 Heard Mr. M. Das, learned counsel for the petitioners. Also heard Mr. A. Bhatra, learned counsel for the respondent No. 5, Mr. R. R. Gogoi, learned counsel for the respondent Nos. 1, 2 & 4 and Mr. S. R. Baruah, learned counsel for the respondent No. 3. 2. The petitioner No. 1 is Halakura Popular Senior Secondary School and the petitioner No. 2 was the Principal of the said school. The petitioners’ case is that the petitioners having come to learn that the Superintendent of Excise, had submitted a report, recommending opening of a wine shop of the respondent No. 5, at a distance of less than 150 meters from Halakura Popular Senior Secondary School, the Principal of the School had objected to the same by filing a representation dated 18.01.2024 before the District Commissioner, Dhubri. However, as nothing was done, the petitioners have filed the present writ petition, seeking a direction not to allow the shifting/opening of the IMFL “OFF” shop of the respondent No. 5, as the same is in violation of Rule 289(2) of the Assam Excise Rules, 2016. 3. Mr. A. Bhatra, learned counsel for the respondent No. 5 submits that the representation dated 18.01.2024, which has been issued by the Principal of Halakura Popular Senior Secondary School, which is the basis for filing the present writ petition, had also been the basis for filing WP(C) 417/2024, Page No.# 3/5 wherein the proposal to shift the IMFL “OFF” shop of the respondent No. 5, had also been challenged. He submits that the letter dated 18.01.2024, issued by the Principal of Halakura Popular Senior Secondary School, had been the basis of the letter dated 13.12.2023, submitted by the petitioner in WP(C) 417/2024, for challenging the proposal to shift the IMFL “OFF” shop of the respondent No. 5 from Dhubri town to Halakura Bazar under the Halakura Gaon Panchayat. 4. The counsel for the respondent No. 5 submits that WP(C) 417/2024 was disposed of, vide order dated 29.01.2024, by directing the District Commissioner, Dhubri to examine the petitioner’s representation dated 13.12.2023, which had been made on the basis of the letter dated 18.01.2024 issued by the Principal of Halakura Popular Senior Secondary School and to dispose of the same. He submits that pursuant to the order dated 29.01.2024 passed in WP(C) 417/2024, the Circle Officer, Agomani Revenue Circle, Agomani issued letter dated 20.02.2024, which states as follows:- “Point No. (I)- Distance (walking) from Halakura Popular Secondary School to the proposed location (i.e. on the back side of the building as pointed out by the land owner) is 186 meters. Point No. (II) Distance from NH 17 (middle point) to the proposed location (i.e. on the back side of the building as pointed out by the land owner) is 62 meters. Point No. (III). It is also observed from field verification by the concerned LM that direct distance from Halakura Popular Secondary School to the proposed location (i.e. on the back side of the building as pointed out by the land owner) is 160 meters.” 5. The counsel for the respondent No. 5 submits that a perusal of the inquiry report reflected in the letter dated 20.02.2024 issued by the Circle Officer, Page No.# 4/5 Agomani Revenue Circle, clearly shows that there has been no violation of Rule 289(2) of the Assam Excise Rules, 2016 and as such, the writ petition should be dismissed. 6. Mr. R. R. Gogoi, learned counsel for the Excise Department has submitted order dated 28.02.2024 issued by District Commissioner, Dhubri, which is to the effect that the proposed IMFL “OFF” shop of the respondent No. 5 in Halakura Bazar is beyond 150 meters from the Halakura Popular Senior Secondary School and as the place is “urban in nature”, it is exempted from the restrictive distance criteria, as mentioned in order vide No. III-97/2015-16/176 dated Guwahati dated 05.03.2018. He submits that the factual issue as to whether the proposed IMFL “OFF” shop of the respondent No. 5 is beyond the permissible limit of 150 meters of the school, has been answered in the positive. 7. I have heard the learned counsels for the parties. 8. Rule 289(2) of the Assam Excise Rules, 2016 states as follows:- “(2) No IMFL and Beer retail 'Off' licence or retail `ON' licence shall be established in Municipal corporation areas within a distance of 50 (fifty) meters, in Municipality and Town Committee areas within a distance of 100 (one hundred) metres and in Gaon Panchayat or equivalent body areas within a distance of 150 (one hundred fifty) metres from any place of public worship or educational institution or hospitals.” 9. A perusal of the above Rule shows that no IMFL “OFF” shop can be established within a distance of 150 meters from an educational institution. 10. I have called for the records of WP(C) 417/2024 and a perusal of the same shows that the issue raised therein and the issue raised in the present writ Page No.# 5/5 petition is the same. The challenge to the location of the petitioner’s wine shop in WP(C) 417/2024 had been made, on the basis of a letter dated 13.12.2023, which in turn was based on the letter dated 18.01.2024 issued by the Principal of Halakura Popular Senior Secondary School. The basis for the present writ petition is also the same letter dated 18.01.2024. 11. The letter dated 20.02.2024 issued by the Circle Officer, Agomani Revenue Circle, Agomani, which has been made pursuant to the order dated 29.01.2024 passed in WP(C) No. 417/2024, clearly shows that the inquiry had verified that the respondent No. 5’s IMFL “OFF” shop to be established in the Halakura Bazar was beyond 150 meters from the school. The order dated 28.02.2024 issued by the District Commissioner, Dhubri has also clearly stated that the IMFL “OFF” shop to be opened by the respondent No. 5 was beyond 150 meters from the petitioner’s school and that it was located in an area, which is “urban in nature”. 12. The order dated 28.02.2024 issued by the District Commissioner, Dhubri is made a part of the record and marked as Annexure-X. 13. In view of the fact that there has been an inquiry conducted by the State respondents, which has come to a finding that the distance of the petitioner’s school is beyond 150 meters from the proposed IMFL “OFF” shop to be established by the respondent No. 5, this Court does not find any ground to exercise it’s discretion in the present case. 14. The writ petition is accordingly dismissed. JUDGE Comparing Assistant