Bhaskar Sao vs State Of Orissa And Others
2023 Latest Caselaw 878 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P.(C) No. 11215 of 2015

            Bhaskar Sao                                 ....          Petitioner
                                             Mr. Arun Kumar Patra, Advocate
                                          -versus-

            State of Orissa and others                 .... Opposite Parties
                                                    Mr. Debakanta Mohanty
                                            Additional Government Advocate

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE M.S. RAMAN
                                          ORDER

25.01.2023 Order No.

04. 1. The challenge in the present petition is to a demand notice dated 28th May, 2015 issued by the Superintendent of Excise, Keonjhar calling upon the Petitioner to pay the consideration money for the two months, i.e., April and May 2015 and other charges including towards short fall MGQ on IMFL/Beer for the year 2014-15.

2. The grievance of the Petitioner is that for the two months of April and May 2015, the IMFL OFF shop of the Petitioner was not operating since the license was not renewed. It is pointed out that only after approaching this Court in a writ petition that under the directions of the Court the license was renewed after a gap of a further two months. It is accordingly submitted that for the said two months of April and May 2015, there is no justification in the Department asking for the consideration money.

3. The Impugned demand is an appealable one. Consequently, the Court permits the Petitioner to file an appeal against the said demand before the Commissioner of Excise who will after hearing the Petitioner on a date to be informed to the Petitioner at least one week in advance, pass a reasoned order not later than 10th April, 2023 taking into consideration the above factors as well as the orders and judgments of the Court as may be placed before him by the Petitioner.

4. Accordingly, the writ petition is disposed of with the above observations. The Court clarifies that it has not expressed any view in the matter.

5. A copy of this order be sent to the Commissioner, Excise forthwith.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S. Behera