Hotel Ekamra Imfl On Shop vs State Of Odisha And Another .... ...
2025 Latest Caselaw 4458 Ori

Orissa High Court

Hotel Ekamra Imfl On Shop vs State Of Odisha And Another .... ... on 25 February, 2025

Bench: Arindam Sinha, M.S. Sahoo

  IN THE HIGH COURT OF ORISSA AT CUTTACK

                  W.P.(C) No.591 of 2025


Hotel Ekamra IMFL ON Shop,           ....            Petitioner
Bhubaneswar

                                       Represented By Adv. -
                              Mr. S.K. Gajendra, Sr. Advocate
                         -versus-

State of Odisha and another          ....     Opposite Parties

                                      Represented By Adv. -
                          Mr. Pitambar Acharya, Advocate General
                           Miss A. Dash, Addl. Standing Counsel

                 W.P.(C) No.30322 of 2024


Rekhashree Khatua                    ....            Petitioner

                                       Represented By Adv. -
                              Mr. S.K. Gajendra, Sr. Advocate
                         -versus-

State of Odisha and another          ....     Opposite Parties

                                      Represented By Adv. -
                          Mr. Pitambar Acharya, Advocate General
                          Miss A. Dash, Addl. Standing Counsel

                  W.P.(C) No.593 of 2025


Live It Up Permitted IMFL            ....            Petitioner
Restaurant and Bar ON Shop,
Bhubaneswar

                                       Represented By Adv. -
                              Mr. S.K. Gajendra, Sr. Advocate


                                                          Page 1 of 6
                                               // 2 //




                                         -versus-

            State of Odisha and others                  ....    Opposite Parties

                                                        Represented By Adv. -
                                          Mr. Pitambar Acharya, Advocate General
                                          Miss A. Dash, Addl. Standing Counsel


                               CORAM:
                 THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                             ACTING CHIEF JUSTICE
                                           AND
                    THE HON'BLE MR. JUSTICE M.S. SAHOO

                                      ORDER

25.02.2025 Order No.

03. 1. Mr. Acharya, learned senior advocate, Advocate General

appears on behalf of State. With reference to paragraph-2 in our order

dated 31st January, 2025 he submits firstly, it is a licence being

permission accorded on privilege to deal with liquor in a premises,

under regulation by the rules. He draws attention to rule 44 in Odisha

Excise Rules, 2017 to submit, several restrictions were imposed

thereby followed by a proviso. The decision to amend the rules by

restricting scope of the proviso is within regulatory ambit of the

Government. Power to make the rules cannot be disputed.

2. Referring to judgment of the Supreme Court in Indian Hotel

and Restaurant Association (AHAR) v. State of Maharashtra,

reported in (2019) 3 SCC 429 he submits, under challenge in that case

// 3 //

were provisions of a statute. Vires challenge to legislation on the

cornerstone of constitutionality stands on a different footing than

challenge to regulation in respect of a privilege. The judgment is not

applicable to facts of the case.

3. Mr. Gajendra, learned senior advocate appears on behalf of

petitioner.

4. We require assistance on authorities dealing with privilege and

restrictions for adjudication on challenge before us to the restriction on

dance.

5. List on 6th March, 2025.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge

Radha/dutta