Letters demanding changes post-license renewal are legally unsound if objections are not timely filed according to statutory provisions.

JUDGMENT :

HARISH TANDON, CJ.

1. The writ petition is filed by the petitioner for quashing the letter No.675/Ex. Dtd. 08.04.2025 issued by the Collector, Kendrapara revealing that the Self Help Group (SHG) Mahila Committee of Chandibaunsamul GP has raised vehement objection demanding for shifting of the IMFL "ON" Shop from the existing site on the grounds reflected therein. Interestingly, it is indicated in the said letter that the said Committee has given an ultimatum of one month to the District Administration failing which steps shall be taken by them. Taking into account such objection having filed, the said letter is caused for shifting of the said IMFL "ON" shop to another place.

2. The challenge is basically founded upon the legal provisions applicable in this regard, more particularly, after the renewal of the license, the objections should not be entertained in the midway in terms of the provisions contained in Rule 33 of the Odisha Excise Rules, 2017.

3. The sum and substance of the pleading proceeds on the assertion that the letter impugned in the instant writ petition issued by the Collector, Kendrapara is founded upon the objections raised by the said SHG Mahila Committee and, therefore, the seminal point involved in the instant writ petition is whether such objection can be entertained subsequent to the grant of license/renewal of license by the authority.

4. The SHG Mahila Committee has sought to intervene in the instant proceedings and an application seeking intervention and/or addition is taken out being I.A. No.10934 of 2025. Several incidents have been narrated therein for running of the said IMFL "ON" shop at the existing site and the reason for raising an objection is also adumbrated therein. Since the writ petition has reached the final stage after the exchange of pleadings, we would not venture to permit such intervention but we find that the impugned letter was caused by the Collector, Kendrapara on the basis of the objection raised by the applicants of the said intervening application and, therefore, renders them as proper party. We, therefore, permit the counsel representing the proposed added intervener to address us on the merit of the matter.

4.1. The attention of the counsel appearing for the intervening parties was drawn to various provisions of the Odisha Excise Rules, 2017 for the response of the intervening parties on the legality, sustainability and applicability of such objection filed before the Collector, Kendrapara.

4.2. Learned counsel for the interveners vociferously submitted that because of various issues raised for the existence of the said IMFL "ON" shop, his client has come up against the same and raised a valid objection. Therefore, once the authorities have decided to take steps thereupon, it is not open for the petitioner to raise any objection. He further submits that running of the IMFL "ON" shop at the existing site would disturb the social aspect and, therefore, the authorities must take into account the same.

4.3. We appreciate the agony and anguish shown by the intervening parties but the action of the authorities is required to be tested on the anvil of the statutory provisions. The emotions, sympathy or the empathy should not sway in interpreting the statutory provisions or its applicability and if the law appears to be harsh, the same is to be accepted. The aforesaid principles are based upon the legal maxim dura lex, sed lex.

5. Let us examine whether t