Orissa High Court
Manoj Kumar Sahu vs State Of Odisha & Ors on 13 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10978 of 2023
Manoj Kumar Sahu ..... Petitioner
Mr. A.K. Patra, Advocate
Vs.
State of Odisha & Ors. ..... Opposite Parties
Mr. L. Samantaray, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE M.S.RAMAN
ORDER
13.04.2023
Order No. This matter is taken up through hybrid mode.
2. Heard.
3. The present Writ Petition has been filed with the following
prayer:-
"It is therefore prayed that the Hon'ble Court may be
pleased to issue a Rule Nisi calling upon the Opposite
Parties to show cause as to why the impugned demand
notice dated 22.03.2023 issued by the OP No.4 under
Annexure-10 and notice dated 4.4.2023 of the OP
No.4 under annexure-13 shall not be quashed and if
the Opposite Parties fail to show cause or show
insufficient or false case make the said Rule Nisi
absolute and direct the OP No.2 to consider and
accept surrender of Ramagiri Out Still Shop license of
the year 2022-23 and to exempt MGQ of MF and
refund/adjustment of monthly license fee for closure
period of Ramagiri OS Shop for the year 2022-23 as
per letter of the Govt. of Excise Dept. dt.23.2.2023
pursuant to application/appeal dt.4.4.2023 filed
before the OP No.2 under annexure-14 and further
direct the OP No.3 to renew Mohana Out Still shop
and its Branch OS shop licenses for the year 2023-24
and pass such other or further orders as the Hon'ble
Court may deem fit and proper and allow this
application and for this act of kindness the petitioner
shall as in duty bound ever pray."
4. In course of hearing, learned counsel for the Petitioner
states that highlighting his grievance, the Petitioner has preferred
an appeal to Opposite Party No.2 vide Annexure-14 and the same
may be directed to be considered and disposed of within a
stipulated time taking into consideration the judgments of this
Court in Suresh Ch. Mishra Vs. State, 2015 SCC Online Ori 286;
Ganapati Sahu Vs. State, 1996 SCC Online Ori 143; Krushna
Chandra Sahu Vs. State, 1998 SCC Online Ori 188 and similar
orders passed by this Court in Batakrushna Gochhayat Vs. State
of Odisha & Others (W.P.(C) No.139 of 2015, disposed of on 2nd
March, 2016), Pradeepta Kumar Nath Vs. State of Odisha &
Others (W.P.(C) No.7443 of 2014, disposed of on 22nd
September, 2014), K. Bina Patnayak Vs. State of Odisha &
Others (W.P.(C) No.5860 of 2019, disposed of on 5th November,
2019), Sujit Kumar Sahoo Vs. State of Odisha (W.P.(C) No.6722
of 2019, disposed of on 5th November, 2019) & Shakti Prasad
Mohanty Vs. State of Odisha & Others (W.P.(C) No.6779 of
2015, disposed of on 27th January, 2016), to which learned
Counsel for the State has no objection.
5. As agreed to by learned counsel for the parties and after
going through the records, this Court, without expressing any
opinion on the merits of the case, disposes of the Writ Petition
directing Opposite Party No.2 to consider the appeal filed by the
petitioner vide Annexure-14 and take a decision in accordance
with law taking into consideration the ratio decided in Suresh Ch.
Mishra, Ganapati Sahu, Krushna Chandra Sahu, Batakrushna
Gochhayat, Pradeepta Kumar Nath, K. Bina Patnayak, Sujit
Kumar Sahoo and Shakti Prasad Mohanty (supra) within a
period of ten days from the date of production of certified copy of
this order.
6. It is further directed that till a decision is taken on the
representation of the petitioner within a period of ten days, no
coercive action shall be taken against the Petitioner.
7. Issue urgent certified copy as per Rules.
(DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
JUDGE
Laxmikant
