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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, MURAHARI SRI RAMAN
Padmabati Jena – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks cancellation of license quashed. (Para 1 , 2) |
| 2. petitioner's arguments on license cancellation process. (Para 3 , 4) |
| 3. court's procedural review and legal standards. (Para 5 , 6) |
| 4. requirements of reasoned orders in cancellations. (Para 7 , 9) |
| 5. principles of natural justice in administrative actions. (Para 10 , 11 , 12) |
| 6. court affirms need for due process and quashes order. (Para 14 , 17) |
| 7. final ruling, writ petition allowed. (Para 18) |
JUDGMENT :
1. The petitioner, by means of this writ petition, seeks to quash the letter dated 16.12.2021 under Annexure-6 issued by opposite party no.1- Secretary to Govt. of Odisha, Excise Department, Bhubaneswar in cancelling the license of South City IMFL Hotel ‘ON’ Shop at Bhagabanpur Industrial Area, Tamando in the district of Khurda for the year 2021-22 and further to issue direction to the opposite parties to consider renewal of the license of South City IMFL Hotel ‘ON’ shop for the current excise year.
2.1. On 11.10.2021, opposite party no.5-IIC, Tamando P.S, Bhubaneswar wrote to opposite party no.4, by way of requisition, to take action against the petitioner alleging that the Bar used to remain open till
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.
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....
Administrative orders must provide clear reasoning and specify durations to comply with natural justice principles, ensuring transparency and fairness.
The State Government holds the authority to regulate excise shop locations and close them without notice if due procedure was followed.
Suspension of a bar licence without disclosing relevant materials and failing to specify a duration violates principles of natural justice, rendering the order unsustainable.
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....
Point of law: petitioner succeeds in establishing that his Gehrukheda licence was not liable to be cancelled as he had not violated either section 34(1) (a) or (b) or (c) of the Act, the present proc....
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