All Rabha Students Union and 2 Ors v. The State of Assam and 4 Ors

JUDGMENT

06.02.2023 Heard Mr. P. Bhardwaj, learned counsel for the petitioners; Ms. M. Bhattacharjee, learned Standing Counsel for the respondent nos. 1 & 3; and Mr. K.P. Pathak, learned Standing Counsel for the respondent nos. 2 & 4. None appears for the respondent no. 5.

¶2The petitioner, All Rabha Students Union has instituted this PIL petition being aggrieved by the issuance of IMFL "ON" license Shop to the respondent no. 5, Smt. Sumi Pathak. The grounds for assailing the IMFL "ON" license rented to the respondent no. 5 is that the shop is located near the border with the State of Meghalaya and Rule 293 of the Page No.# 3/4 Assam Excise Rules, 2016 requires that before the liquor shop can be licensed near to the inter-state border there has to be a sanction by the State Government. Issues are also raised that under Rule 289 [2] of the Assam Excise Rules, 2016 the liquor shop has to be beyond the distance of 100 metres from the Gaon Panchayat and 150 metres from any place of public worship or educational institution or hospital.

¶3The allegation raised is that the liquor shop of the respondent no. 5 is located within a distance of 150 metres from an existing temple premises. The respondent authority in the Excise Department has filed an affidavit taking a categorical stand that the location of the concerned temple is beyond 150 metres from the liquor shop of the respondent no. 5 and the said information had not been disputed by the petitioners in any manner other than making an oral objection to it.

¶4As regards the other allegation that there was no sanction order by the State Government authority as required under Rule 293 of the Assam Excise Rules, 2016, Mr. K.P. Pathak, learned Standing Counsel for the Excise Department had referred to the communication no. EX.181/2020/75 dated 19.10.2020 of the Joint Secretary to the Government of Assam in the Excise Department wherein, it is provided that the Governor of Assam was pleased to accord sanction for the IMFL "ON" license in favor of the respondent no. 5 under Rule 116 of the Assam Excise Rules, 2016. In paragraph no. 5 of the affidavit of the Excise Department it is also stated that along with the application of the petitioners all relevant and necessary documents were taken into consideration including the minimum distance required for operating a liquor shop from the inter-state boundary under Rule 293 of the Assam Excise Rules, 2016.

¶5As the stand of the respondent authorities in the Excise Department based upon their affidavit and the materials produced has not been controverted by the petitioner, we are of the view that the two issues raised by the petitioner are unacceptable without any further material being placed by the petitioner.

¶6Accordingly, PIL stands closed. If the petitioner is of the view that the aforesaid Page No.# 4/4 information provided by the Excise Department is incorrect, liberty remains to approach again with appropriate material. JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010150062021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/62/2021ooooooooo ALLoRABHAoSTUDENTSoUNIONoANDo2oORS.o BAIDAoANCHALIKoCOMMITTEE,o HEADoOFFICEoRONGSAI,oPOoJURIGAON,o783120,oDISToGOALPARA,oRHAC,o ASSAM,oREPRESENTEDoBYoITSoPRESIDENToSRIoJAGADISHoRABHA,oSONo OFoKHAGENoRABHA,oAGEDo34oYEARS 2:oALLoRABHAoWOMENoCOUNCIL oDODANoANCHOLIKoCOMMITTEEo HEADoOFFICEoRONGSAI oPOoBAIDA o783120oDISToGOALPARA oR.H.A.CoASSAM oREPRESENTEDoBYoITSoPRESIDENToMS.oLUBITRAoRABHA oW/OoSWAMIoPARAMoHANSEoRABHA oAGEDo38oYEARS 3:oSHRIoSHRIoRISHIoASHRITAoDODANoTHANoCOMMITTEE oDODANoHASU oBAIDA o783120 oDISToGOALPARA oR.H.A.CoASSAM oREPRESENTEDoBYoITSoPRESIDENToSRIoDIBAKARoRABHA oSONoOFoLALIToCHANDRAoRABHA oAGEo43oYEARo VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPURo,oGUWAHATIo781005,oASSAM 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM Page No.# 2/4 EXCISE DEPARTMENT DISPUR GUWAHATI 781005 ASSAM 3:THE DEPUTY COMMISSIONER GOALPARA ASSAM 783101 4:THE SUPERINTENDENT OF EXCISE GOALPARA ASSAM 783101 5:SMTI SUMI PATHAK D/O LATE BASANTA PATHAK VILLAGE BARBARI PO TIHU 781371 DIST NALBARI ASSA Advocate for the Petitioner : MR. S R RABHA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN