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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Satya Sankar Samantaray – Appellant
Versus
Principal Secretary, Department of Excise, Govt. of Odisha – Respondent
JUDGMENT :
HARISH TANDON, CJ.
1. The petitioner having no nexus and/or connection with the license having granted to the opposite party No.6 has filed the instant writ petition challenging the action of the Excise authorities in permitting the existing license of a liquor vending to another site on the premise that it violates the distance norms as mandated under the relevant Act, Rules and the Guidelines framed by the Government. The entire pleading hovers around the existence of a school, temple and other public institutions for which the distance norms were provided by putting restrictions in granting the license or permitting any license holder to vend the liquor.
2. The petitioner has approached the authorities by raising such objection and filed the instant writ petition as the authorities have kept the said objection in suspended animation and not disposed of the same.
3. Mr. Debashis Tripathy, learned Additional Government Advocate (AGA) appearing on behalf of the opposite parties-State submits that the shifting of the license/shop was permitted by the competent authority after due compliance of the provisions of the relevant Act and the Rules and the Guidelines and, therefore
Compliance with procedural requirements under the Odisha Excise Rules is necessary for the lawful shifting of liquor licenses, and pleadings must be specific to raise valid legal objections.
The authority cannot mandate the shifting of an operational licensee's business based on objections raised after the statutory period, as such orders lack jurisdiction and must be supported with reas....
Letters demanding changes post-license renewal are legally unsound if objections are not timely filed according to statutory provisions.
The State Government cannot relax excise policy restrictions on shifting liquor shops outside designated areas, as it contravenes established law requiring public notification.
The main legal point established in the judgment is the availability of a statutory remedy under Section 11(2) of the Excise Act, 1910, after the dismissal of an appeal filed under Section 11(1).
A licensee's request to shift premises for an alcohol retail shop due to a landlord's refusal must be evaluated under specific regulations allowing such moves within the same district.
The court emphasized that under Rule 294-A of the Assam Excise Rules, shifting of licensed premises is permissible when the landlord refuses lease extension, irrespective of financial bid considerati....
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