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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, G.SATAPATHY
Shankuntala @ Shakuntala Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner challenges excise order. (Para 1 , 2) |
| 2. petitioner's argument on compounding penalties. (Para 3 , 4) |
| 3. court reviews the provisions of the odisha excise act. (Para 5 , 6 , 7 , 9) |
| 4. court emphasizes jurisdiction authority under law. (Para 10 , 11 , 15) |
| 5. alternative remedy cannot preclude writ jurisdiction. (Para 12 , 13 , 14) |
| 6. court quashes unlawful orders and remits matter. (Para 18 , 19) |
JUDGMENT :
2. The factual matrix of the case, in brief, is that the petitioner was issued with a license to operate IMFL “ON” shop in the name and style “New Millan IMFL Restaurant” over Plot No.440/1649 and Plot No.440/2264 under Khata No.212/1922 and Khata No.212/1505 of Mouza-Birakishorepur, Athgarh in the district of Cuttack. The said license was initially granted to the petitioner for the period from 01.04.2023 to 31.05.2023 and subsequently, it was renewed up to 31.03.2024.
2.2. Opposite party no.2 fixed the date of hearing to 09.01.2024 by issuing notice dated 28.12.2023. But, it is claimed that opposite party no.2, without considering the representation and without giving any findings on the explanation of the petitioner, passed the impugned order dated 19.02.2
The Excise Commissioner lacked jurisdiction to compound offences under Section 75 of the Odisha Excise Act, 2008, as authority is reserved for the Collector or specific Excise Officers.
The cancellation of a license under the Odisha Excise Act, 2008 without providing reasonable notice or opportunity to be heard violates the principles of natural justice, rendering the order invalid.
Procedural lapses in the constitution of inspection teams under the Himachal Pradesh Excise Act invalidate administrative actions, emphasizing the necessity for adherence to established legal framewo....
The State Government cannot relax excise policy restrictions on shifting liquor shops outside designated areas, as it contravenes established law requiring public notification.
Suspension of a liquor license without allowing statutory time for compounding violates natural justice and statutory rights, necessitating review and compliance with procedural safeguards.
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....
Failure to deposit the required security amount disqualifies a bidder from obtaining a license for three years, as per Clause (v) of Rule 74 of the Rajasthan Excise Rules, 1956.
Point of Law : For want of the inspection report before this Court, it cannot be presumed that the substance of the inspection report or the summary of the documents was furnished and that the summar....
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