The main legal principle established in the judgment is that the will of the local people and their representatives must prevail over any consideration for opening an IMFL 'OFF' Shop in a particular location. The court emphasized the importance of local self-governance and the need to honor the objections raised by the community in such matters.

JUDGMENT

B.N. Mahapatra, J.

This writ petition has been filed with a prayer to quash the notice dated 17.11.2011 (Annexure-6) issued by opposite party No.3-Collector, Ganjam for settlement of an IMFL ‘OFF’ Shop at Singipur through lottery. Further prayer of the petitioners is for issuance of a direction to close down the opening of IMFL ‘OFF’ Shop in that locality.

2. The petitioners’ case in a nutshell is that opposite parties-authorities are processing to open a new IMFL ‘OFF’ Shop at Singipur under Pattapur Police Station and Digapahandi Excise Charge of Ganjam District through lottery for the remaining period of 2011-12 in gross violation of the statutory provisions of law and completely ignoring the objections raised by the local inhabitants of Singipur, Sarpanch and Chairman of the concerned area. According to the petitioners, Singipur is a very small village in the rural underdeveloped pocket of Ganjam District with majority of people belonging to BPL category, S.C. Community and labour class.

3. Petitioner No.1 is an inhabitant of Jiura village of Sanakhemundi Block and at present the Chairman of Sanakhemundi Panchayat Samiti in which IMFL OFF Shop in question is proposed to be opened with location at Singipur. Petitioner Nos. 2 and 3 are the inhabitants of Singipur village and are actively engaged in social service by rendering all humane assistance to the people who are socially, economically and educationally down-trodden in that locality. The Sub-Inspector of Excise, Digapahandi being directed by opposite party no.4-Superintendent of Excise, Berhampur after making proper inquiry submitted a proposal on 16.05.2011 for opening of two IMFL ‘OFF’ Shops, one at Sidheswar Panchayat Headquarters and another at Chandapur Panchayat Headquarters of Digapahandi Charge for the remaining period of the year 2011-2012 on the basis of the feasibility, population and demand of the area. Petitioners’ area was not selected for opening of new IMFL ‘OFF’ Shop. However, opposite party no.4 proposed to open an IMFL ‘OFF’ Shop at Singipur on the ground of raising revenue to achieve the annual target of Rs.47.00 Crores of excise revenue fixed for the District for the year 2011-2012. Accordingly, Collector, Ganjam published public notice in Form-A inviting objection from persons residing within the local area by 21.06.2011 against opening of exclusive privilege of selling in retail IMFL/ Beer (IMFL OFF) Shop at the locality for the year 2011-12. In response to the said notice, about 100 persons including petitioner No.2 filed objection vehemently opposing the proposal for opening of IMFL ‘OFF’ Shop. The local Sarpanch has also filed an objection opposing the same.

4. Petitioner No.1, who is a peoples’ representative also filed an objection before the Collector to drop the proposal for opening of IMFL ‘OFF’ Shop in the interest of public at large as Singipur village is predominated by BPL Category, S.C. Community, Labour class, who are socially, economically and educationally backward and that there is neither feasibility nor ascertained demand for any such article. Pursuant to the said objections, the Inspector, Excise, Chikiti made an inquiry into the matter and in his report submitted that neither the Sarpanch nor the people of the locality wants opening of the proposed shop in their village. In his report, he also referred to a news item dated 13.07.2011 in the Odia daily newspaper “Dharitri” wherein the public resentment against the proposal was published.

5. Mr. M. Kanungo, learned counsel appearing on behalf of the petitioners submitted that the proposal to open IMFL ‘OFF’ Shops at Sidheswar and Chandapur was initiated by the Charge Sub-Inspector of Excise, Digapahandi after his field verification. But at the instance of opposite party No.4-Superintendent of Excise, Berhampur, Inspector of Excise, Chikiti has suggested for opening of IMFL ‘OFF’ Shop at Singipur with his opinion that the area has got a very good potentiality for openin