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1994 Supreme(Ori) 305

G.B.PATNAIK, B.N.PATNAIK
DUSASAN BEHERA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
J. Patnaik, for the Appellant; Additional Government Advocate, for the Respondent

JUDGMENT :

G.B. Pattnaik, J. - The petitioner was the grantee of three foriegn liquor shops in the district of Keonjhar. In accordance with the policy decision of the Government, he claims to be entitled to the renewal of his licence for the year 1994-95, but the licence not having been renewed under the pretended plea that a criminal case has been started against him during 1993-94, the petitioner has approached this Court.

2. Pursuant to notice issued by this Court, a return has been filed being sworn to by the Superintendent of Excise. It has been stated therein that no doubt the petitioner's licence should have been renewed for 1994-96 in accordance with the Revenue Department order dated 23-4-1991 as amended by order dated 4-1-1992, but since the grantor has a right to refuse the grant of exclusive privilege without assigning any reason, no error can be found out in not renewing the licence. ft is further stated that in accordance with the Government letter dated 19-3-1994, if any licence is found to have been criminally prosecuted during 1993-94, then such licensee would not be entitled for renewal. The aforesaid Government Circular has been annexed as Annexure-6 to the writ ap










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