All Assam IMFL Licence (Rural) Association v. State of Assam
2016-12-14
AJIT SINGH, MANOJIT BHUYAN
body2016
DigiLaw.ai
JUDGMENT : AJIT SINGH, J. 1. Heard on admission. 2. This intra court appeal is directed against the order dated 25.11.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant’s WP (C) No. 7108/2016. 3. Appellant No. 1 is an Association of licencees of Indian Made Foreign Liquor (IMFL), whose licenced premises are situated within Gaon Panchayat areas. Appellant No. 2 is the Secretary of Appellant No. 1. By amendment of Rule 183(2) of the Assam Excise Rules, 1945, it was mandated that no licence for retail sale of liquor or any other intoxicants shall be granted at a site situated within 200 meters of the mid-point of the National Highway. Although, this amendment was brought into force with effect from 30.12.2014, it was strictly implemented from 3.12.2015. Validity of the amended rule was also unsuccessfully challenged in WP (C) No. 7976/2009. While dismissing the writ petition, vide judgment dated 8.1.2016, this High Court granted time to the petitioners therein to shift their liquor shops by 30.4.2016. Yet another WP (C) No. 2900/2016 was filed taking a plea that amended provision under Rule 183(2) cannot be applied retrospectively. Even this petition was also dismissed. The petitioners of WP (C) No. 2900/2016 reportedly gave an undertaking before the court that they would shift their shops within 45 days in conformity to the requirement of distance. 4. The State Government thereafter decided to take fresh decision on the issue of distance of location of IMFL shops from the mid-point of National Highway. Having regard to this, number of writ petitions were filed, which were disposed of vide order dated 18.7.2016 with a direction that petitioners be granted further 4 months time to shift their IMFL shops. That period has also expired on 18.11.2016. 5. In the meantime, the Assam Excise Rules, 2016 have been brought into force with effect from 1.9.2016. According to Rule 289(2), no licence for retail sale of liquor or any other intoxicants shall be granted at a site situated within 100 metres from the mid-point of any National or State Highway.
That period has also expired on 18.11.2016. 5. In the meantime, the Assam Excise Rules, 2016 have been brought into force with effect from 1.9.2016. According to Rule 289(2), no licence for retail sale of liquor or any other intoxicants shall be granted at a site situated within 100 metres from the mid-point of any National or State Highway. The State Government has thus issued order dated 17.11.2016 declaring all licenced premises of the retail IMFL, which are situated within 100 metres from the mid-point of National Highway or State Highway as closed with effect from 16.11.2016 because the licencees failed to shift their premises within the stipulated time of 4 months in compliance of High Court’s order dated 18.7.2016. Aggrieved, the petitioners filed WP (C) No. 7108/2016, which the learned Single Judge has dismissed by the impugned order. It is in this background the present appeal has been filed. 6. After hearing the learned counsel appearing for the appellant, we find no good ground to admit the appeal. Admittedly, order dated 17.11.2016 has been passed by the State Government in terms of the order dated 18.7.2016 of this High Court. The members of the appellant no. 1 have been avoiding to shift their shops on some pretext or the other. Enough time has already been granted to the licencees of IMFL, but to no avail. Merely because a Committee has been constituted by the Government on 12.9.2016 to recommend rates of duties/taxes both under Excise Act and Value Added Tax in liquor and the terms of reference also includes suggestion with regard to distance, cannot be a ground to allow them to run their shops which are situated within the prohibited distance. It is to be noted that the appellant did not challenge Rule 289(2) in the writ petition. The order passed by the learned Single Judge is well founded and unassailable. The appeal is accordingly dismissed summarily.