LIBERATION EDUCATION AND ACTION Vs. STATE OF ORISSA

JUDGEMENT

(1.) WHAT is sought to be challenged in this Writ Petition filed by some of the non Government organisations of Koraput, tribal district in the State of Orissa, in general is the Excise Policy introduced by the Government for the year 2001 2002 for settlement of Out Still liquor shops and, in particular, the Auction Sale Notice dated 29.6.2002 for granting exclusive privilege for manufacture and retail sale of Out Still liquor in the district of Koraput, vide Annexure 8 to the Writ Petition.

(2.) BEREFT of all unnecessary details, the allegations levelled by the petitioners who claim to be selfless non profit making organisations espousing the cause of obstruction and victimisation of innocent people and who claim to have taken a vow to eradicate the manufacture and sale of illicit liquor, is that the Excise Policy of the State Government, vide Annexure 2 is contrary to the interest of the Tribal inhabitants and Ors. of Koraput district. It is stated that the inhabitants are not accustomed to Out Still liquor and the State Government instead of introducing prohibition as envisaged by Article 47 of the Constitution of India, are trying to grant exclusive licences for manufacture and sale of Out Still liquor which would be detrimental to the interest of the people.

(3.) THE Superintendent of Excise, Koraput filed a counter affidavit on behalf of opposite parties 1, 2 and 4 inter alia contending that the present Writ Petition, in the garb of public interest litigation is not maintainable. The decision of the Government to establish and settle Out Still liquor shops being a policy decision, the same cannot be challenged in a public interest litigation. It is stated that the Government after much deliberation, in order to avoid trading of illicitly manufactured liquor which is harmful, and in order to ensure maximum utilisation of Mohua flower which is abundantly available in the tribal area and in order to ensure socio economic upliftment of the Tribals of the district by sale of Mohua flower to the dealers of Out Still liquor and also to ensure supply of hygienic liquor to satiate the customary habits of the Tribal people of the district, decided to introduce the manufacture and establishment of Out Still liquor shops in only five areas out of sixteen areas proposed. It is also submitted that the authorities have followed all the mandatory requirements before issuing the Auction Sale Notice, Annexure 8, and as such the Writ Petition is liable to be dismissed in limine.