LOTUS RESTAURANT Vs. STATE OF ODISHA

JUDGEMENT

(1.) Aggrieved by rejection of proposal for opening of IMFL 'ON' Shop in connection with application made regarding the excise year 2022-23 vide Order No.3779-EXC-POL2-POL2-0125-2023/Ex., dtd. 29/5/2023 issued by the Government of Odisha in Excise Department, the petitioner has approached this Court invoking provisions under Articles 226 and 227 of the Constitution of India seeking for grant of following relief(s):

(2.) Facts as adumbrated by the petitioner-The Lotus Restaurant in W.P.(C) No.19873 of 2023 reveals that for the excise year 2022-23 application attaching required documents and enclosing thereto evidence of deposit showing application fees of Rs.1,10,000.00 (rupees one lakh ten thousand) was made for the purpose of grant of 'ON' Shop license over Plot No./Ward No.616/1954, 613/1929, 612/1930, Mouza: Jagapur, P.S.: Golanthara, Berhampur in the District of Ganjam.

(3.) It is submitted by the opposite parties that as per Clause 4.2.3(I) of the Excise Policy 2023-24 'no new application for ON Shop license shall be accepted for rural area in 2023-24. In urban areas new ON Shop license can be granted for only star hotels and hotels having such minimum number of rooms to be decided by Excise Department'. It is affirmed by the opposite parties that in order to ensure better regulation and to curb the growth of 'ON' Shops such policy decision has been taken, which applies to the entire State of Odisha. Said Excise Policy, 2023-24 being implemented with effect from 1/4/2023, no infirmity or arbitrariness in taking decision to reject application can be imputed by the petitioner.