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1997 Supreme(Ori) 7

ARIJIT PASAYAT, S.N.PHUKAN
VILLAGERS OF JAJARSINGH BASANTINATH DUTTA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B.B.RATHOD, J.N.RATH, K.R.MOHAPATRA, P.S.SAMANTRAI, S.Ghosh, S.K.JETHY, S.N.MOHAPATRA, S.N.Rath, S.SENAPATI

PASAYAT, J.


( 1 ) THESE two writ applications are interlinked and are disposed of by this judgment which shall govern each one of them. Writ application (OJC No. 10871 of 1996) was registered on the basis of a letter addressed to the Hon'ble the Chief Justice and it was stated to be in public interest. The other one is by one Basantinath Dutta. The controversy revolves round shifting of a liquor shop from its earlier site to another place.

( 2 ) FACTUAL position is almost undisputed, and in a nutshell is as follows :state Government intended to grant exclusive privilege of possession and retail sale of foreign liquor at various localities in the districts of Puri and accordingly objections were invited from persons residing within the local area specified. Present controversy relates to two foreign liquor shops, namely, Khurda No. 1, and Khurda No. 2. Basantinath Dutta petitioner in OJC No. 13341 of 1996 has been granted licence for retail sale of potable foreign liquor in respect of Khurda No. 2 shop. Raghunath Patnaik is the licensee in respect of Khurda No. 1 shop. The local areas specified for Khurda No. 1 and Khurda No. 2 are as follows: Khurda No. 1 Existing site at eastern










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