Meghalaya High Court
Date Of Order: 30.08.2025 vs . on 30 August, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
2025:MLHC:782-DB
Serial No.01 HIGH COURT OF MEGHALAYA
Daily List AT SHILLONG
PIL No.9/2025
Date of order: 30.08.2025
Arbiangkam Kharsohmat
Vs.
1. The Commissioner and Secretary of Excise Government of
Meghalaya, Shillong.
2. The Deputy Commissioner (Excise) District, East Khasi Hills,
Shillong.
Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
For the Petitioner : Mr. A.S. Siddiqui, Sr.Adv with
Ms. M.K. Sah, Adv
For the Respondents : Mr. A. Kumar, Advocate General with
Ms. R. Colney, GA
Mr. E.R. Chyne, GA
i) Whether approved for Yes/No
reporting in Law journals etc.:
ii) Whether approved for publication Yes
in press:
Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the composition of
the bench by name of judges, while reporting this
judgment/order.
Page 1 of 5
2025:MLHC:782-DB
JUDGMENT:
(per the Hon’ble, the Chief Justice) (Oral)
This is a public interest litigation. The petitioner claims to be a
citizen of this country and a businessman. He is a resident of
Mawryngkneng, Pdengshnong, East Khasi Hills District, Meghalaya.
Learned Advocate General points out that this petition is not
according to the rules of this Court relating to public interest litigation
(PIL). Since some grounds sought to be canvassed seem to cater to public
interest, we entertain this petition, dispensing with any flaw in it.
On the basis of an article published in Meghalaya Times on 28 th
July, 2025, the petitioner says that the Pommura Dorbar Shnong of the
village is proposing to grant a no objection certificate for the establishment
of four to five wine stores in the village which is adjoining the highway.
The Hynniewtrep National Youth Front (HNYF) does not want any licence
to be given for setting up such wine stores.
Learned counsel for the petitioner says that opening of liquor
shops would be detrimental to the health of the locals and make the area
vulnerable to accident. They do not want opening or setting up of
additional wine stores in the village.
Application for grant of licence is pending consideration before
the Excise Department, it is submitted by the petitioner.
Page 2 of 5
2025:MLHC:782-DB
Learned Advocate General is unable to confirm whether at all
there is a proposal for setting up these four to five wine stores in the village
in question or an application to the Excise Department for a licence.
We were referred to two Supreme Court judgments, The State of
Tamil Nadu rep. by its Secretary Home, Prohibition & Excise Dept. & ors
v. K. Balu & anr in Civil Appeal Nos.12164-12166 of 2016 decided on
15th December, 2016 and The State of Tamil Nadu rep. by Sec. & ors v. K.
Balu & anr in Civil Appeal Nos.12164-12166 of 2016 decided on 31st
March, 2017.
Learned Senior counsel for the petitioner submits that in terms of
these judgments, the contemplated liquor shops could not be set up as they
were being proposed to set up in the national highways. Learned Advocate
General has also interpreted the two judgments but differently. The
cumulative effect is that liquor shops can be set up along the national and
state highways in Meghalaya but subject to other terms and conditions set
out in the judgments and in the relevant enactments. Paragraph 24 of the
2016 judgment and a part of paragraph 25 of the 2017 judgment are set out
below:
“24. We accordingly hereby direct and order as follows:
(i) All states and union territories shall forthwith cease and desist
from granting licences for the sale of liquor along national and
state highways;
Page 3 of 5
2025:MLHC:782-DB
(ii) The prohibition contained in (i) above shall extend to and
include stretches of such highways which fall within the limits of
a municipal corporation, city, town or local authority;
(iii) The existing licences which have already been renewed prior
to the date of this order shall continue until the term of the licence
expires but not later than 1 April 2017;
(iv) All signages and advertisements of the availability of liquor
shall be prohibited and existing ones removed forthwith both on
national and state highways;
(v) No shop for the sale of liquor shall be (i) visible from a
national or state highways; (ii) directly accessible from a national
and state highway and (iii) situated within a distance of 500
metres of the outer edge of the national or state highway or of a
service lane along the highway.
All States and Union territories are mandated to strictly enforce
the above directions. The Chief Secretaries and Directors General
of Police shall within one month chalk out plan for enforcement
in consultation with the state revenue and home departments.
Responsibility shall be assigned inter alia to District Collectors
and Superintendents of Police and other competent authorities.
Compliance shall be strictly monitored by calling for fortnightly
reports on action taken.
These directions issue under Article 142 of the Constitution.”
“25. … We are of the view that insofar as the State of Meghalaya
and Sikkim are concerned, it would suffice if the two states are
exempted only from the application of the 500 metre distance
requirement provided in paragraph 24(v)(iii) of the judgment of
this Court on 15 December 2016.”
It is a policy matter and the government is the best judge of its
policy. It should examine the details of the application before issuing a
certificate.
We dispose of this public interest litigation by the following
order/directions:
Page 4 of 5
2025:MLHC:782-DB
(a) This writ petition will first of all be referred to the Excise
Department of the government who will first examine whether at
all the Pommura Dorbar Shnong has granted the no objection
certificate in question.
(b) If the answer is yes, the government will refer the
representation to an officer not below the rank of Secretary who
shall examine the same and take a decision in four weeks whether
to confirm the decision of the Pommura Dorbar Shnong or to
affirm it with such modifications as he deems fit and proper.
(c) The decision so arrived at will be conveyed to the
petitioner.
The Secretary will consider the application in accordance with
law.
This PIL and MC (PIL) No.4 of 2025 are accordingly disposed
of.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Meghalaya
30.08.2025
"Lam DR-PS"
Page 5 of 5
Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2025.08.30 19:36:15 IST
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