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ORISSA HIGH COURT : CUTTACK
HARISH TANDON, CJ, MURAHARI SRI RAMAN
Sandeep Raiguru, Son Of Late Prahallad Raiguru – Appellant
Versus
State Of Odisha Represented By Principal Secretary To Government Excise Department – Respondent
| Table of Content |
|---|
| 1. licensing and objections to imfl shops (Para 1 , 2) |
| 2. arguments regarding authority and legal provisions (Para 3) |
| 3. court’s evaluation of statutory authority (Para 4) |
| 4. interpretation of licensing rules and statutory timelines (Para 5 , 6) |
| 5. requirement for reasoned orders in administrative decisions (Para 7) |
| 6. decision to quash prior orders (Para 8 , 9) |
JUDGMENT :
HARISH TANDON, CJ.
1. The instant writ petition is taken out by an existing IMFL “OFF” Shop licensee assailing the order/notice dated 5th June, 2025 issued by the Superintendent of Excise, Jagatsinghpur communicating the order of the Collector, Jagatsinghpur dated 3rd June, 2025 for shifting the said IMFL OFF Shop from the existing place to an unobjectionable site within two months in the interest of public.
2. The petitioner took a specific stand that the said IMFL OFF Shop is operating at the existing site since last four decades by different licensees and the petitioner was granted license by the competent authority in the previous year which has also been renewed for the current year meaning thereby, the said license is valid till 31st March, 2026.
2.1. In the midst of the currency of the license, the
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 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 authority granting permission for shifting a licensed premises must provide valid reasons, and failure to do so allows for revisionary intervention by a higher authority.
The State Government holds the authority to regulate excise shop locations and close them without notice if due procedure was followed.
The State Government cannot relax excise policy restrictions on shifting liquor shops outside designated areas, as it contravenes established law requiring public notification.
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