WP(C)/2820/2021
2021 Latest Caselaw 931 Ori

W.P.(C) No. 2820 of 2021

02. 28.01.2021 1. This matter is taken up by video conferencing mode.

2. Heard Mr. P.K. Rath, learned counsel for the Petitioner and Mr. D. Mohanty, learned Additional Government Advocate for State- Opposite Party Nos. 1 to 4.

3. This writ petition seeks quashing of the notice dated 21st October, 2021 and all consequential steps taken pursuant thereto for grant of license in favour of the Opposite Party No.5 in respect of CLUB 29 'ON' Shop over plot No.45/3337/3400 pertaining to Khata No. 754/622, Mouza-Talapada under Ward No. 7 of Dhamnagar NAC.

4. The grievance of the Petitioner is that the proposal for issuing license for running of aforementioned IMFL 'ON' shop in favour of Opposite Party No.5 is pending consideration despite a field enquiry report dated 11th January, 2021 of the Additional District Magistrate (Revenue), Bhadrak, where, inter alia it is stated that the shop has been proposed to be run 'in an iron container house over the said plot' and that the shop has 'no permanent building having RCC roof'. Mr. P.K. Rath, learned counsel for the Petitioner, submits that in view of the clear conditions for grant of license, in the light of the above report, no such license can be granted in favour of Opposite Party No.5.

5. Mr. D. Mohanty, learned Additional Government Advocate refers to two earlier reports of the Inspector of Excise, Bhadrak Range, which appear not point to any shortcoming. He adds that right now the matter is pending with the Opposite Party No.1 i.e.

the Principal Secretary to the Government in the Excise Department, Odisha and after hearing all the concerned parties and taking into account the documents placed on record in the present petition, a reasoned order will be passed in a time bound manner.

6. In view of the above submissions, it is directed that after issuing notice to the Petitioner and Opposite Party No.5 and taking into consideration all the documents placed on record by the Petitioner and any other documents that may be placed on record before him by Opposite Party No.5, the Opposite Party No.1 will pass a reasoned order in the matter not later than 15th February, 2021 and intimate the decision to the Petitioner and Opposite Party No.5 not later than 22nd February, 2021. It is made clear that if either party is aggrieved by such decision, it would be open for him to avail appropriate remedies, in accordance with law.

7. The writ petition is disposed of in the above terms.

8. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order/judgment 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.

A.Dash/PS                                            ( Dr. S. Muralidhar )
                                                         Chief Justice


                                                            (D. Dash)
                                                              Judge