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Orissa High Court
Chitta Ranjan Behera vs State Of Odisha And Others .... Opposite ... on 16 April, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8323 of 2026
Chitta Ranjan Behera .... Petitioner
Mr. Arun Kumar Patra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Ms. Aishwarya Dash,
Addl. Standing Counsel
CORAM:
THE HON'BLE THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 16.04.2026
01. 1. The present writ petition is filed for grant of the following
relief(s):-
"It is therefore prayed that the Hon'ble Court may be pleased to
issue a Rule Nisi calling upon the OPs to show cause as to why the
impugned letters of the OP No.4 dt.7.1.2026 and dt.6.3.2026
directing the petitioner to lift alleged short lifting of MGQ of CL
without opening/operating of Khapuria CL shop under annexure-6
and 8 shall not be quashed and if the Ops fail to show cause or show
insufficient or false case make the said Rule Nisi absolute and direct
in the nature of mandamus to the OP No.1 to approve site/location
pertaining to Plot No.517, Khata No.141, Mouza- Nuapada, PS-
Madhupatna, Ward No.50 of CMC as per recommendation letter
dt.14.11.2025 of the OP No.3 under annexure-4 and letter
dt.17.12.2025 of the OP No.2 under annexure-5 and further direct
the OP No.1 to allow exemption/waiver of alleged short lifting of
MGQ of CL in respect of Khapuria CL shop as per Rule 45(5)
Second Proviso and refund/adjustment of license fee collected from
the licensee during the license period for the year 2025-26 as per
Rule 151 of 2017 Rules 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 petitioner shall as in duty bound ever
pray."
2. It is the case of the petitioner that pursuant to Letter No.3891/Ex.
Dated 27th May, 2025 issued by the Collector and District
Magistrate, Cuttack, opposite party no.3, inviting applications for
settlement of exclusive privilege for Country Liquor Shops
through lottery for the remaining period of the year 2025-26 in the
district of Cuttack in accordance with the order issued under
Section 20 of the Odisha Excise Act, 2008 read with Rule-34 of
the Odisha Excise Rules, 2017, he participated in the lottery by
depositing the requisite fees and he was selected and issued with
Khapuria Country Liquor Shop license on 24th June, 2025 for the
period from 16th June, 2025 to 31st March, 2026 with monthly
license fee of Rs.1,59,720/- and MGQ of 9008.210 LPL of
Country Liquor on realization of required excise dues.
2.1. After receipt of license for opening of Khapuria Country Liquor
Shop, since the petitioner could not get an un-objectionable
private land for opening the said shop at sanctioned locality, he
made an application for shifting of his Khapuria Country Liquor
Shop to Plot No.517 in Khata No.141 under Nuapada Mouza,
Ward No.50 of Cuttack Municipal Corporation within jurisdiction
of Madhupatna Police Station in the district of Cuttack along with
requisite fee of Rs.75,000/- before the opposite party No.2-
Commissioner of Excise and No.3-Collector, Cuttack and the
same was recommended by them to opposite party No.1-Excise
Department, Government of Odisha.
2.2. While the position stood thus, the opposite party No.4-
Superintendent of Excise vide letter dated 7th January, 2026
directed the petitioner to lift shortfall Minimum Guaranteed
Quantity of Country Liquor (Annexure-6) although approval for
opening of the said shop with the location is pending before the
Government.
2.3. On receipt of the aforesaid letter dated 7th January, 2026, the
petitioner filed an application on 5th March, 2026 before opposite
party No.4 vide Annexure-7 to exempt/waive license fee and
MGQ of Country Liquor for closure period of his shop from 16 th
June, 2025 till the date of approval of site by opposite party no.1.
2.4. The opposite party No.1 vide letter dated 13th March, 2026
allowed shifting of Khapuria Country Liquor Shop of the
petitioner to the proposed site for the remaining period of the year
2025-26 by invoking provisions of Rule 26(1)(b) and (c) of the
Odisha Excise Rules, 2017 which was communicated to the
petitioner by the opposite party No.3 vide Officer Order, dated
13th March, 2026.
3. Sri Arun Kumar Patra, learned counsel submitted that though the
petitioner was issued with Khapuria Country Liquor License on
24th June, 2025, the Shop could not be opened at the specified
location therein; however, during pendency of the writ petition a
communication has been made by the opposite party No.3 in
Office Order, dated 13.03.2026 that the opposite party No.l vide
Letter dated l3.03.2026 allowed shifting of Khapuria Country
Liquor Shop to Plot No.517, Khata No. 141, Mouza: Nuapada,
Ward No.50, P.S.: Madhupatna, Cuttack for the remaining period
of the year 2025-26 by adhering to provisions of Rule 26(1)(b)
and (c) of 2017 Rules.
3.1. He further submitted that the opposite party No.3 had collected
advance license fee for three months, i.e., from January, 2026 to
March, 2026 and license fee from 24th June, 2025 to 30th June,
2025, and for the months of July, 2025, August, 2025 and
September, 2025. After approval of the site for opening of the said
Shop, the petitioner was advised to pay license fee for the months
of October, 2025 to December, 2025 which was paid vide challans
dated 13th March, 2026.
3.2. Strong objection has been raised by Sri Arun Kumar Patra,
learned Advocate against the direction to the petitioner to lift
shortfall of Minimum Guaranteed Quantity of Country Liquor for
remaining period of the year 2025-26, i.e., during the closure
period during 24th June, 2025 to 3rd March, 2026 vide letter dated
13th March, 2026 issued by the opposite party No.4 (Annexures-6
and 8). Therefore, it is fervently prayed for issue of mandamus to
the opposite party No.3 to renew the license of the petitioner for
the year 2026-27 without insisting to lift alleged shortfall MGQ of
Country Liquor relating to the closure period from 24th June, 2025
to 3rd March, 2026.
4. Ms. Aishwarya Dash, learned Additional Standing Counsel
appearing for the opposite parties though opposed the aforesaid
submission of the learned counsel for the petitioner, submitted
that if the petitioner wants to renew his license, it is desirable that
he need to approach the appropriate authority in this regard.
5. Considering the aforesaid submissions and contentions of the
learned counsel for the respective parties, this Court feels it apt to
grant liberty to the petitioner to file a representation before the
competent authority seeking to renew his license for the year
2026-27 within fifteen days from date. Needless to say that if the
petitioner approaches the authority concerned to ventilate his
grievance within aforesaid period, the authority shall consider the
same as expeditiously as possible preferably within a period of
four weeks from receipt of such representation and proceed to
dispose of the same in accordance with law.
6. As an abundant caution, it is clarified that nothing stated
hereinabove regarding facts be construed as an expression of any
opinion of this Court on the merit of the matter. The competent
authority is free to take independent decision on the merit of the
matter on the basis of the material placed on record before him by
the petitioner.
7. With the aforesaid observations and direction, the writ petition
along with pending Interlocutory Application(s), if any, stand
disposed of.
(Harish Tandon)
Chief Justice
(M.S. Raman)
Signed by: LAXMIKANT MOHAPATRA
Designation: SENIOR STENOGRAPHER
Reason: Authentication MRS/Laxmikant
Location: High Court of Orissa, Cuttack
Date: 17-Apr-2026 17:51:25
