Shashwati Chowdhury
Published on: June 29, 2022 at 16:57 IST
According to an order by the Gauhati High Court, getting the local community’s consent also matters before any liquor stores may be opened.
The Goalpara Deputy Commission has been ordered by the Gauhati High Court to consider the representation made by numerous public organisations in the Damara neighbourhood under Dudhnoi Police Station in the Goalpara district against the opening of an IMFL (Indian Made Foreign Liquor) shop in their locality.
The court heard a writ petition (WP(C)/3704/2022) submitted by Rajib Rabha, a local resident, and the president of the Damra Anchalik Rabha Students’ Union.
The petitioner (Rajib Rabha) stated in his petition that many local organisations and residents held a public meeting at the office of the Damra Anchalik Rabha Students’ Union on 1.09.2021 after learning that the Excise Department permitted the opening of an IMFL shop in the locality of Damara Mendi Pather Road in Damara village. They expressed their concern about a breach in the locality due to the presence of an IMFL shop as the locality is in the border region of.
On September 2, 2021, the public and numerous public organisations operating under the aegis of All Rabha Students’ Union submitted a petition to the Deputy Commissioner of Goalpara objecting to the opening of the IMFL shop in their locality.
The petitioner claimed the despite the representation’s submission, the Deputy Commissioner did not dispose of the representation after hearing the people from the locality where the proposed IMFL shop would be set up.
The court’s order stated, “The provisions of the Assam Excise Act of 2000 and the Assam Excise Rules of 2016 govern the opening and closing of any IMFL outlet. In accordance with the guidelines of sub-rule [1] of Rule 289 of the Assam Excise Rules, 2016, liquor shops of any kind should not be situated at locations to which the neighbours object on the grounds that upon enquiry appear to be reasonable and free from malice or ulterior motive.”
The court dismissed the writ petition and directed the Deputy Commissioner to take into consideration the representation filed on September 2, 2021 by numerous local public organisations in Damara, taking into account the provisions of Rules 289, 294, and 295 of the Assam Excise Rules, 2016. The court further directed that this must be done in two months.