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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ, MURAHARI SRI RAMAN
Ranjan Rout – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. objections raised against imfl shop relocation (Para 1) |
| 2. legal provisions governing objection to licensing (Para 2 , 3) |
| 3. intervention application and objections from shg (Para 4) |
| 4. provisions for public notice and objections (Para 5) |
| 5. statutory prohibition on late objections (Para 6) |
| 6. adherence to law and order in protests (Para 7) |
| 7. collector's error in considering late objections (Para 8) |
| 8. quashing of notice due to legal noncompliance (Para 9) |
| 9. disposition of writ petition following findings (Para 10) |
JUDGMENT :
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
Letters demanding changes post-license renewal are legally unsound if objections are not timely filed according to statutory provisions.
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....
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.
Point of Law : Public authority will be liable to be quashed or otherwise dealt with by an appropriate order in judicial review proceedings where Court concludes that decision is such that no authori....
The cancellation order must contain reasons for cancellation and cannot be supplemented by subsequent explanations. Mere institution of a criminal case against a person does not automatically disqual....
The court reinforced that authorities must adhere to principles of natural justice, requiring an opportunity for a hearing, and cannot rely on grounds not specified in the show cause notice.
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