Subhasish Sahoo vs State Of Odisha & Others
2023 Latest Caselaw 2609 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.9532 of 2023

Subhasish Sahoo                        .....                                Petitioner
                                                           Mr. A.K. Patra, Advocate
                                       Vs.
State of Odisha & Others               .....                          Opposite Parties
                                                            Mr. L. Samantaray AGA
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE M.S.RAMAN

                                              ORDER

31.03.2023 Order No. This matter is taken up through hybrid mode.

01. 2. Heard.

3. The present Writ Petition has been filed with the following prayer:-

"It is therefore humbly 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 letter No.754/Ex, dt.24.3.2023 of the opposite party no.3 under Annexure-10 shall not be quashed and if the Ops fail to show cause or show insufficient or false cause make said Rule Nisi absolute and declare letter dt. 9.2.2023 of the OP No.4 under Annexure-8 is illegal and further direct the Ops to refund/adjust license fee paid for closure period from dt. 14.4.2022 to dt. 21.12.2022 as per Rule 151 of the Odisha Excise Rules, 2017 and pass such order 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 made a representation to Opposite Party No.3 vide Annexure-7 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.3 to consider the representation filed by the petitioner vide Annexure-7 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 Ashok/MRS