SASMITA TRIPATHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS order will cover a batch of writ petitions questioning the policy decision of the State dated 18.01.2014 to the effect that no shifting of shops, which were opened on the government land, will be allowed nor licence fee will be refunded nor unsold stock will be allowed to be lifted. The operative part of the order is as follows:

(2.) ON 21.08.2013, the Excise Commissioner, Odisha, Cuttack wrote a letter (Annexure -B to the counter affidavit) pointing out that it is not desirable to allow any liquor shop on the government land and immediate steps be taken to close down the said shops. On 18.09.2013, a Division Bench of this Court, in the course of hearing of W.P.(C) No.19675 of 2013 (Bhagyadhar Prusty v. State and others), noticed that contrary to the above letter dated 21.08.2013, liquor shops were being run next to National Highway and on government land. The Division Bench directed the Excise Commissioner to ensure compliance of its earlier direction (Annexure -A to the counter affidavit). Accordingly, action was initiated by the Excise Commissioner to close down the shops on the government land and along the National Highway, which action was challenged in W.P.(C) No.24057 of 2013 (Harihar Mallick v. State and others) and a batch of petitions, which were disposed of on 02.01.2014. Contentions on behalf of the petitioners were that no prior notice was issued to the petitioners nor opportunity of hearing was given before passing the impugned order nor any provision was made permitting lifting of unsold stock or shifting of the existing shops to other places. In absence of any clear policy decision of the State, the Commissioner could not have issued the impugned order. It was also contended that the policy for closing down the liquor shops on government land and along the National Highway was implemented selectively and not uniformly.

(3.) ACCORDINGLY , the impugned circular dated 18.1.2014 was issued to the effect that there will be no option for relocation of excise shops upon the government land, but three month's time will be allowed for relocation of liquor shop on the highways, which may thereafter be shifted to a distance of 50 meters away from the highway.