PRADEEP KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This batch of writ petitions seeks quashing of Circulars dated 21.8.2013 and 31.10.2013, Annexures-I and II, issued by the Excise Commissioner, Odisha and the Collector, Cuttack respectively. By the first Circular, inter alia, the liquor shops on the Government land and along the National Highway have been directed to be closed. The second Circular purports to give effect to the first circular in respect of IMFL "ON" or "OFF" shops along the National Highway by referring to an order of this Court dated 18.9.2013 in W.P.(C) No. 19674 of 2013 (Susama Jena Vs. State of Odisha & others).

(2.) Case of the petitioners in W.P.(C) No. 25913 of 2013 is that they are EP Holders of IMFL "ON" shops in Cuttack District and running their liquor shops on private lands along the National Highway. They are having licences which have been renewed for the year 2013-14 on payment of annual licence fee as per Excise Policy 2013-14, but their licences have been discontinued w.e.f. 1.11.2013 by referring to above order of this Court dated 18.9.2013.

(3.) The grievance in the petition is that neither any prior notice was given nor opportunity of hearing was given before passing of the impugned order. The impugned action resulted in undue hardship and irreparable financial loss. The existing huge stock of IMFL and Beer remains unsold and is lying in a closed room, which may be contaminated because of perishable nature and rendered unfit for human consumption.