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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, MURAHARI SRI RAMAN
Pittu Raja Reddy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of license and objections. (Para 1 , 2) |
| 2. arguments regarding legality of the shifting order. (Para 3 , 4 , 5) |
| 3. court's analysis on policy relaxation and statutory adherence. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. quashing of orders due to violation of policy. (Para 13) |
| 5. conclusion and final order allowing the writ petition. (Para 14 , 15) |
JUDGMENT :
1. The petitioner has filed the present writ petition seeking to quash the order dated 30.06.2022 (Annexure-2) passed by the Under Secretary to Government of Odisha in Excise Department whereby shifting of Nirakarpur Country Liquor Shop from its existing site to a new site i.e., Plot No.1205, Khata No.506/73, Mouza-Baradiha, P.S-Tangi in the District of Khordha for the remaining period of the year 2022-23 has been approved by relaxing the restrictive Clause-4.2.14 (IV) of the Odisha Excise Policy for the year 2022-23.
3. Mr. P.K. Rath, learned Senior Counsel for the petitioner vehemently contends before this Court that there is no power of relaxation granted to the State Government to relax the policy framed by the State Government and Section 91 of the Odisha Excise Act, 2008 (hereinafter referred t
The State Government cannot relax excise policy restrictions on shifting liquor shops outside designated areas, as it contravenes established law requiring public notification.
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....
The State Government holds the authority to regulate excise shop locations and close them without notice if due procedure was followed.
The court ruled that the rejection of a liquor license application based on arbitrary policy distinctions lacks reasonable grounding and does not adequately consider public interest.
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 consent of the owner of the premises is necessary for carrying on liquor business, and in the absence of such consent, the authority is not entitled to grant a license to the tenant.
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