ORISSA HIGH COURT : CUTTACK

W.P.(C) No.34137 of 2025

In the matter of an Application under Articles 226 & 227 of

the Constitution of India, 1950

***

Sri Bulu Jena

Aged about 45 years

Son of Ghanasyam Jena

At: Pandia, PO: Purusottampur

District: Ganjam

PIN: 761043

(Licensee in respect of

Seragada O.S. Main Shop

with attached

Branch Shop at Balisahi

In the district of Ganjam). … Petitioner

-VERSUS-

1. State of Odisha,

Represented by the

Principal Secretary to Government,

Excise Department, Loka Seva Bhawan

Sachivalaya Marg, Bhubaneswar – 751 001

District: Khordha.

2. Excise Commissioner

Odisha, Cuttack Road

Bidanasi, P.O.: Cuttack – 753 014

District: Cuttack.

3. Collector, Ganjam At/P.O.: Chatrapur District: Ganjam.

4. Superintendent of Excise Ganjam, At/P.O.: Chatrapur District: Ganjam. … Opposite Parties Counsel appeared for the parties:

For the Petitioner : Mr. Prafulla Kumar Rath, Senior Advocate assisted by M/s. Saibrata Rath, Adhiraj Behera, Surajit Kumar Behera, Shradha Das, Sridhan Chandan, Gayatri Lenka, Ankit Mohanty, Indira Priyadarsani Bose, Swagat Mohapatra and Adarsh Biswal, Advocates For the Opposite Parties : Mr. Debasish Tripathy, Additional Government Advocate P R E S E N T:

HONOURABLE CHIEF JUSTICE MR. HARISH TANDON AND HONOURABLE JUSTICE MR. MURAHARI SRI RAMAN Date of Hearing : 11.12.2025 :: Date of Judgment : 11.12.2025

JUDGMENT

MURAHARI SRI RAMAN, J.

1. Questioning the authority and jurisdiction of the Superintendent of Excise, Ganjam, Chatrapur-opposite party No.4 issuing direction in Letter No.2966/Ex., dated 1^st November, 2025 (Annexure-1) to the petitioner-Excise Privilege Holder of Sheregada Out Still Shop to shift the shop from its current location to an alternative location stemming on provisions of Rule 26 of the Odisha Excise Rules, 2017 (for short, “the Rules, 2017”), the petitioner has approached this Court by way of filing this writ petition invoking provision under Articles 226 and 227 of the Constitution of India with the following prayer(s):

“The petitioner, therefore, pray that your Lordship would be graciously pleased to admit this writ petition, call for the records and after hearing the parties allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction, quashing the order dated 01.11.2025 passed by Superintendent of Excise, Ganjam, Chatrapur under Annexure-1 and allow the licensee to operate the license at the present location.

And for this act of kindness, the petitioner shall as in duty bound ever pray.”

2. Mr. Prafulla Kumar Rath, learned Senior Advocate appearing for the petitioner submitted that the Sheregada Out Still Shop at Baramundali Village in Aska Tahasil in the district of Ganjam has eight numbers of branch shops including the Balisahi Branch Shop, which is subject matter of the present writ petition. Though the license issued in respect of this branch shop stands valid till 31^st March, 2026, on the basis of objection, a communication has been issued by the Superintendent of Excise, Ganjam, Chatrapur vide letter dated 1st November, 2025 instructing the petitioner to shift the shop from the existing location. It is submitted that aforesaid branch shop has been granted license since 2005 and the same has been renewed every year. It is contended that the Superintendent of Excise, Ganjam, Chatrapur misread the purport of Rule 26 of the Rules, 2017 and on an erroneous apprehension of the provisions contained in Section 41 of the Odisha Excise Act, 2008 (for short, “the Act, 2008”) issued letter dated 1^st November, 2025.

2.1.He further submitted that in view of the fact that branch has been operating its business activity in the present site for more than twenty years and, hence, in view of Section 41 of the Act, 2008, the direction of the Superintendent of Excise, Ganjam, Chatrapur vide letter dated 1st November, 2025 is contrary to law. This apart, there is absence of any proposal by the petitioner for shifting of said shop from the current location, and Rule 53 o