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TMI Blog2016 (12) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... limits of a Municipal Corporation, City, Town or Local Authority. It is thus clear that the State Government is completely debarred from granting licences for the sale of liquor along National and State Highways including the stretches of such Highways which fall within the limits of Municipal Corporation, City, Town or Local Authority. We, accordingly, finally dispose of this writ petition with a recommendation to the State Government to immediately re-examine the impugned explanation in the light of above mentioned SC order. Also the petitioner has no choice, but to close his liquor shop on the State Highway. - WP (C) No. 7494 of 2016 - - - Dated:- 19-12-2016 - CJ Ajit Singh And Manojit Bhuyan, JJ. ORDER Mr. M Choudhury, Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de 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. In the meantime, the Assam Excise Rules, 2016 have been brought into force with effect from 1.9.2016. The relevant Rule 289(2) which deals with the location of liquor shops is quoted hereinbelow:- Rule 289(2): No IMFL and Beer retail OFF license or retail ON license shall be established in Municipal Corporation areas within a distance of 50 (fifty) meters, in Municipality and Town Committee areas within a distance of 100 (one hundred) meters and in Gaon Panchayat or equivalent body areas within a distance of 150 (one hundred fifty) meters from any place of public worsh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pts those IMFL shops from the purview of 100 meters location from the midpoint of National Highway which are situated within the limits of Municipal Corporation, Municipality or Town Committee, but for the IMFL shops situated within the limits of Gaon Panchayat or other equivalent body, the distance of 100 meters restriction from midpoint of National or State Highway is applicable and this amounts to unreasonable classification among the same class. The Supreme Court very recently vide order dated 15.12.2016 passed in Civil Appeal Nos.12164-12166 of 2016 has directed that all States and Union Territories shall forthwith cease or desist from granting licences for the sale of liquor along National and State Highways and the prohibition sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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