SHRI ADITYA PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash Annexure -6 by which licence for vending foreign liquor in retail for consumption "on" the premises has been issued to vendor Lokanath Pati over Plot No.4139, Khata No.350 at Panimal in Niali P.S. on an annual fee of Rs.1,00,000/ -. The further prayer of the petitioner is to cancel the licence renewed for the year 2011 -2012 and to permanently close down the said beer parlour "ON" Shop at Panimal.

(2.) THE petitioner in the present case is the convener of Niali Nirman Manch. This is a non -Government organization constituted to look after all round developments of general public under Niali Tahasil in the district of Cuttack. The said Manch looks after the smooth running, functioning and development of roads, market place, irrigation, electricity supply, education etc. in Niali Tahasil. Wherever any irregularity is noticed, the said Manch used to approach the concerned authorities for appropriate redressal of the grievances.

(3.) MR . M.S. Panda, learned counsel on behalf of the petitioner submitted that before granting licence to opposite party No.5 -Lokanth Pati public notice in Form No.A for the year 2010 -11 has not been communicated and circulated in the area inviting public objection. The Excise authorities surreptitiously by joining hands with opposite party No.5 suppressed the said public notice for which public objection to the same could not be submitted. If Form -A public notice would have been widely communicated in the area, the general public could have submitted their objection as they had done in the last year vide Annexure -2 series. They made endeavour and collected copies of the information sheet, recommendation letter and enquiry report of the Inspector of Excise and Superintendent of Excise for opening of the said new beer parlour "ON" shop at Panimal. Those copies have been annexed to the writ petition as Annexure -4 series. The Collector, Cuttack vide his letter dated 2.9.2010 submitted the entire report along with his recommendation to the opposite party No.2 for opening of the said beer parlour at Panimal for the remaining period of 2010 -11. Mr. Panda, learned counsel for further vehemently argued that beer parlour "ON" shop at Panimal has been sanctioned and licence has been renewed for the year 2010 -12 by opposite party authorities without circulation of public notice inviting objection and in violation of various restrictions imposed under the Act and Rules and thereby putting the general public into innumerable harassments and hardships for which there is apprehension of loss of peace, law and order situation affecting the public tranquillity.