ASHOK KUMAR MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present Writ Petition the Petitioners herein claiming themselves to be the social workers & villagers of village Boden in the District of Nuapada in the State of Orissa have prayed for quashing of Notice No. 248 dated 10.7.2010 issued by the Collector & District Magistrate, Nuapada for settlement of India Made Foreign Liquor Off shop (in short "IMFL Off shop") through lottery for the year 2010 -11 at village Boden.

(2.) MR . U.K. Samal, Learned Counsel for the Petitioners submitted that a public notice was issued by the Superintendent of Excise of Nuapada on 11.11.2009 inviting objections from public regarding the proposal of the State Government to grant exclusive privilege for opening of new IMFL Off shop for retail sale at village Boden & by the said notice objections were required to be filed on or before 26.11.2009. The period indicated in the notice for grant of exclusive privilege was from 1.04.2010 to 31.03.2011. Pursuant to the aforesaid notice the Chairman of Boden Panchayat Samiti, one Mr. Krushna Singh Majhi has submitted an objection dated 21.11.2009 under Annexure -4 stating therein, that the village Boden is a backward tribal area where the local inhabitants are fully depending upon agriculture & substantial number of them are living below the poverty line. Accordingly objection was made to the opening of IMFL Off shop, since it was likely to cause harm to the village people instead of their upliftment. It is further submitted that by a further letter dated 23.12.2009, the Chairman of Boden Panchayat Samiti submitted another objection reiterating his earlier objection & also stating that the Boden Panchayat Samiti & Boden Gram Panchayat had passed a resolution, to the effect that no foreign liquor shop should be opened at village Boden for the benefit of the people.

(3.) A further plea was taken by the Learned Counsel for the Petitioners that, on an earlier occasion the Collector, Nuapada had issued public notice for opening of a new IMFL Off shop at village Boden for the period from 1.04.2008 to 31.03.2009 vide public notice dated 5.11.2007 under Annexure -1 & since the objections were raised by the Panchayat, the State Government had decided not to open the said IMFL Off shop during the said year. It is submitted that the very reasons which existed for not opening an IMFL Off shop at village Boden in the district of Nuapada for the year 2008 -2009, still continue to exist as on date & therefore, the rejection of the objection raised by the Chairman of the Panchayat Samiti, Boden under Annexures -4 & 5 & the decision to go ahead for grant of exclusive privilege by opening an IMFL Off shop at village Boden for the year 2010 -11, vide notice dated 10.07.2010 under Annexure -6 is liable to be quashed.