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2014 Supreme(Ori) 757

A.K.GOEL, A.K.RATH
Sasmita Tripathy – Appellant
Versus
State of Odisha – Respondent


Advocates:
For Petitioners:Mr. K. K. Jena, Advocate
(In W.P(C) No.1746/2014)
Mr. Manoj Mishra, Sr. Advocate
(In W.P.(C) No.2350/2014)
Mr. S.K. Rath, Advocate
(In W.P.(C) No.1506/2014)
Mr. S. Swain, Advocate
(In W.P.(C) No.3053/2014)
Mr. A.K. Patra, Advocate
(In W.P.(C) No.1618/2014)
Mr. P.K. Rath, Advocate
(In W.P.(C) No.1957/2014)
For Opp.parties:Mr. Ashok Mohanty, Advocate General, Mr. R. Mohapatra, Govt. Advocate (For the State)

JUDGMENT AND ORDER

A.K. GOEL, C.J. : This order will cover a batch of writ petitions questioning the policy decision of the State dated 18.01.2014 to the effect that no shifting of shops, which were opened on the government land, will be allowed nor licence fee will be refunded nor unsold stock will be allowed to be lifted. The operative part of the order is as follows :

“(i) The license of the excise shops which are located on Government land should be cancelled forthwith without the option of relocation & without giving any compensation at the loss and risk of the E.P. holder.”

2.On 21.08.2013, the Excise Commissioner, Odisha, Cuttack wrote a letter (Annexure-B to the counter affidavit) pointing out that it is not desirable to allow any liquor shop on the government land and immediate steps be taken to close down the said shops. On 18.09.2013, a Division Bench of this Court, in the course of hearing of W.P.(C) No.19675 of 2013 (Bhagyadhar Prusty v. State and others), noticed that contrary to the above letter dated 21.08.2013, liquor shops were being run next to National Highway and on government land. The Division Bench directed the Excise Commissioner to ensure compliance of its ea
































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