GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 28:
1. Heard Mr. J. Patwory, the learned counsel appearing on behalf of the Petitioner and Mr. R. R. Gogoi, the learned Standing Counsel appearing on behalf of the Excise Department. I have also heard Mr. B. J. Ghosh, the learned counsel who appears on behalf of the Respondent No.6.
2. The issue which is involved in the instant case is as to whether the continuation of the Petitioner's IMFL 'OFF' license shop is permissible in terms with Rule 289 of the Assam Excise Rules, 2016 (for short 'the Rules of 2016') inasmuch as admittedly, the Respondent No. 6 which is a Junior College has a Branch which is running within the same building.
3. Though, Mr. J. Patowary, the learned counsel appearing on behalf of the Petitioner had submitted that the Respondent No. 6 is not a recognized college and as such it would not come within the mischief of Rule 289 of the Rules of 2016, but from the materials on record, it appears that the Respondent No. 6 is running its H.S. classes as would be further seen from the report which has been submitted by the Deputy Secretary (RPR), Assam State School Education Board on 12.08.2025. It further appears that under no circumstances, the Respondent No.6 can be termed to be a private coaching or a tutorial institution.
4. This Court further is aware of the fact that the right to deal with liquor is not a right conferred by the Constitution of India, it is merely a privilege and as such, the said privilege has to be exercised within the confines of extant law.
5. Upon the matter being heard at length, Mr. J. Patowary, the learned counsel appearing on behalf of the Petitioner sought for some accommodation.
6. Considering the above, list this matter again on 01.11.2025 for further hearing as item No. 2 in the Cause List.
Disclaimer: Curated by HT Syndication.
