WP(C)/718/2021
2021 Latest Caselaw 581 Ori

W.P.(C) No. 718 of 2021

02. 18.01.2021 The Court is convened through video conferencing mode.

Heard Mr. P.K. Rath, learned counsel for the Petitioner and Mr. D. Mohanty, learned Additional Government Advocate for the State-Opposite Parties.

Mr. D. Mohanty, learned Addl. Government Advocate accepts notice for the State-Opposite Parties. Let required number of copies of memo of writ petition be provided to him in course of the day.

This writ petition has been filed challenging the letter No.2009 dated 30th March, 2020 issued by the Additional Secretary to Government, Government of Odisha, Department of Excise to the Excise Commissioner, Odisha conveying that the Revenue and Disaster Management Department as per their order No.465 dated 2nd January, 2020 has decided to phase out issue of solvency certificates by Revenue Authorities for grant or renewal of excise licenses. It therefore has insisted on producing Bank Guarantees in lieu thereof for renewal and issuance of license.

A batch of similar writ petitions have been allowed by this Court by a common judgment in Gopinath Sahu v. State of Odisha along with a batch of writ petitions, reported in AIR 2020 Ori 150.

Since the issue involved in the present writ petition is squarely covered by the aforesaid common judgment in Gopinath Sahu (supra), this writ petition is also allowed in

terms of the said common judgment. The State Government and its authorities are directed to renew the license of the Petitioner on production of the solvency certificate, subject to fulfillment of other conditions.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.

( Dr. S. Muralidhar ) Chief Justice

A.Dash/PS 18th January, 2021. (S.K. Mishra) Judge