Gauhati High Court Directs Excise Department To Hear Objections Of Local Public As Per Assam Excise Rules Before Setting Up Liquor Shop

The Petitioner is the President of Damra Anchalik Rabha Students Union and an inhabitant of the locality. After learning that the Excise Department have allowed a co-Respondent to open an Indian Made Foreign Liquor (IMFL) shop in the locality of the village, many residents and a number of local organisations held a public meeting at the office of the Students Union where many expressed their apprehension of breach in the locality on account of the presence of an IMFL shop

The Petitioner claimed that a large number of the local people and organisations - under the aegis of All Rabha Students' Union - had submitted a representation before the Excise Department opposing the opening of the IMFL shop in their locality. The Petitioner claimed that the Department did not give the opportunity to be heard to the residents of the locality by not disposing of the representation.

Assam Excise Act, 2000 and the Assam Excise Rules, 2016 govern the openings of IMFL shops. As per Rule 289(1) of the Rules, no liquor shop can be located at sites to which the neighbours object on grounds appearing to be reasonable and free from malice or ulterior motive. The Rules also contemplate ascertainment of public opinion about the number and locations of shops. Rule 294, Assam Excise Rules, 2016 provides that opening and closure of any licensed premises is to be done by the District Collector with previous sanction from the State Government. Such opening and closure are not to be granted unless it has been satisfactorily established by local enquiry that proposed action is necessary in the interest of public and until all objections are considered by the District Collector.

Rule 295 provides that objections from the owners or neighbours and residents that objections from the owners or neighbours and residents. In case of areas not situated in a corporation, municipality or town committee areas, the opinions and objections of the Gaon Panchayat concerned and the owners or occupiers and residents of the neighbourhood of the premises involved are required to be considered. Rule 289(1) and Rule 295 of the Rule require that objections from the owners or neighbours and residents of the neighbourhood located within the radius of 75 meters of the premises involved have to be considered.

The Court disposed of the writ petition with a direction to the Excise Department to dispose of the representation within 2 months to take Rules 289, 294 and 295 into account and their envisaged goal to afford opportunity of being heard to the local residents.

Case Title : RAJIB RABHA v THE STATE OF ASSAM AND 3 ORS

Citation: 2022 LiveLaw (Gau) 45 

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