SURESH CHANDRA MAHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Writ Petition, challenge has been made to the decision of the State Government for opening of a new IMFL 'OFF' Shop at Titipa (Charichhak) for the year 2009 -2010 without complying the statutory objection flied by the Grama Panchayat, Panchayat Samiti, MLA and local residents in Form -A.

(2.) THE facts leading to the present case are as follows: The Petitioner is the Sarpanch of Titipa Grama Panchayat who has filed this application in the nature of Public Interest Litigation. In pursuance of notice in Form -A for opening of a new IMFL 'OFF' Shop at Titipa (Charichhak), objections were called, for from the locality. The Petitioner filed an objection thereto. In the said objection, Petitioner specifically stated that the inhabitants of Titipa Grama Panchayat decided to protect them selves from the hazardous/evil,effect of consuming foreign liquor & its impact which is detrimental to the interest of the family. The said decision was taken by the people of Titipa Grama Panchayat as the villagers of Satapada are facing the impact of liquor due to existing IMFL 'OFF' Shop at Satapada & its vicinity. The Collector, Puri on 23.5.2009 issued a public notice inviting objections from the public in respect of opening of a new IMFL 'OFF' shop at Titipa (Charichhak) as the Govt. intended to grant exclusive privilege for retail sale of foreign liquor for the remaining period , i.e., from the date of licence to 31.3.2010. The objection to the said notice was called for fixing 6.6.2009 as the last date. The people of Titipa Grama Panchayat decided that they would file their objections to the opening of the said IMFL 'OFF' shop at Titipa (Charichhak). Accordingly, they filed their objections for withdrawl of the said proposal before the Collector as well as the Superintendent of Excise. In the said objection, they specifically stated that Gopinath U.P School is situated at a distance of 200 metres & a women's college is situated at a distance of 250 metres from the selected spot. If the IMFL ' OFF' shop is opened at the selected spot, the women folk of the vicinity would face immense difficulties in moving freely & by that process the family life would be ruined in course of time. Therefore, the said shop should not be opened.

(3.) LEARNED Counsel appearing for the Petitioner submitted that in pursuance of the said notice the local people as well as the Sarapanch of Titipa Grama Panchayat, local MLA, Chairman of Krushnaprasad Panchayat Samiti filed their objections. Ignoring the said objections, the State Government vide letter dated 24.10.2009 sanctioned for opening of IMFL 'OFF' shop at Titipa (Charichhak) at a price of Rs. 35,000. Accordingly, on 9.11.2009 Opp. Party No. 3 issued a notice in Form -A inviting applications for settlement of IMFL 'OFF' shop. Opp. Parties while submitting the proposal for opening of a new IMFL 'OFF' shop did not consider the objection on its proper perspective which was illegal and contrary to Rule 4 of the Foreign Liquor Rules. He further submitted that the State is duty bound to protect the human life and improve public health and only to earn revenue and prevent illicit liquor trade shall not encourage sale and manufacture of liquid beverage endangering human life. Therefore, the objection of the local people should not be ignored in a mechanical manner.