W.P.(C) vs Unknown
2021 Latest Caselaw 2989 Ori

W.P.(C)

02. 01.03.2021 1. Though the matter is not listed today, on being mentioned by learned counsel for the Petitioner, it is taken up by a separate notice.

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

3. Mr. Mohanty, learned Additional 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.

4. This writ petition has been filed challenging the letter No.2009 dated 30th March, 2020 issued by the Additional Secretary to Government of Odisha, Excise Department 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 of renewal of excise licenses. It therefore has insisted on producing Bank Guarantees in lieu thereof for renewal and issuance of license.

5. 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.

6. 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.

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

8. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

(B. P. Routray) Judge M.K.Panda/K. Majhi