M/S. Galaxy Bar And Restaurant vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 2103 Ori

Orissa High Court

M/S. Galaxy Bar And Restaurant vs State Of Odisha And Others .... Opposite ... on 6 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P. (C) No.12490 of 2024

            M/s. Galaxy Bar and Restaurant,         ....            Petitioner
            Nayagarh

                                                     Represented By Adv. -
                                                    Mr. R.P.Kar, Sr.Advocate
                                         -versus-

            State of Odisha and others              ....      Opposite Parties
                                                     Represented By Adv. -
                                                     Mr. T.K.Dash, AGA
                                CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA
                                   AND
                    THE HON'BLE MR. JUSTICE M.S. SAHOO

                                       ORDER

06.01.2025 Order No.

07. 1. Mr. Dash, learned advocate, Additional Government

Advocate appears on behalf of State and submits, he is ready with

answer to query put by us in paragraph-3 of order dated 10th

December, 2024. The paragraph is reproduced below.

"3. Challenge in the writ petition is that impugned policy of restricting grant of licence in respect of ON shops to only hotels with lodging, excluding restaurants is against rule 51 in Odisha Excise Rules, 2017. State has adjournment to demonstrate from Lotus Restaurant (supra), the challenge was dealt with and answered by coordinate Bench."

// 2 //

2. Drawing attention to the decision in Lotus Restaurant he

submits, answer to the query is given in the judgment itself by

paragraph 8.7. Said paragraph refers to earlier judgment passed by

same Bench vide order dated 4th March, 2024 in W.P.(C) no.

4152 of 2024 (Laxmipriya Kar v. State of Odisha and others).

He hands up said order dated 4th Marh, 2024 (supra), to reiterate,

the query was thus answered.

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

petitioner. Mr. Patra and Mr. Das, learned advocates respectively

appear for applicants, who seek to intervene.

4. We have perused said order dated 4th March, 2024 (supra).

We do not find there was reference to the query, on whether the clause

in the policy is in conflict with rule 51. As such, we do not have

answer to our query made by paragraph-3 reproduced above. We make

it clear that State has to demonstrate point taken and answered by a

view in a judgment or order, to rely upon it as a precedent. Otherwise

we will proceed to adjudicate. At this stage Mr. Dash hands up his

instruction dated 19th December, 2024. The instructions seek to justify

formulation of the policy but does not answer the query.

// 3 //

5. State has one last opportunity to answer, failing which hearing

of the writ petition will be proceeded with. So far as intervenors are

concerned, they can continue to be present. In event they pray for

being added, we shall look into their respective cases.

6. List under same heading on 22nd January, 2025.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge

dutta/Gs