NIRUPAMA BARIK Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) This writ petition has been filed seeking quashing of Annexure-4 and thereby directing the opposite parties to allow the petitioner to operate the Posala IMFL OFF Shop at its existing location for the year 2014-15 for the extended licence period i.e. 01.08.2014 to 31.03.2015.

(2.) The short recital involved in the case is that the petitioner is an existing holder of exclusive privilege for IMFL OFF Shop located at Hata Delanga being duly granted by the competent authority for the purpose of retail vending. The IMFL OFF Shop was settled in favour of the petitioner through lottery process in the year 2005 and the petitioner is continuing with the said shop for last over a decade being renewed from time to time. The last licence was renewed/extended in favour of the petitioner for 8 (eight) months i.e. from 1.08.2014 to 31.03.2015. It is the submission of the petitioner that when the petitioner was expecting renewal of the licence, the petitioner was directed to find out an alternate unobjectionable site and submit proposal for shifting of the Hata Delanga IMFL OFF Shop consequence upon which the petitioner submitted her proposal for shifting of the shop at Hata Delanga to an unobjectionable site.By letter dated 11.9.2014 the petitioner was communicated that her proposal for shifting of IMFL OFF Shop from Hata Delanga has been accepted and she has been permitted to shift the IMFL OFF Shop from the existing site to a new site. The petitioner further claimed that while the matter stood thus, pursuant to direction contained in Annexure-2, the Collector, Puri by its order dated 30.9.2014 has been pleased to allow the petitioner for shifting of Hata Delanga IMFL OFF Shop from its existing site to an unobjectionable site over Plot No.501, Khata No.255, Mouza-Posala, G.P.-Jenapur for the remaining period of the year 2014-15 till next settlement through 'e-auction' and the stock of the E.P. holder lying in the existing site be transferred to the proposed site. The petitioner further submitted that while the position stood thus, the Collector & District Magistrate, Puri issued another order on 27.10.2014 in purported exercise of power under Section 26(1) of the Bihar & Orissa Excise Act, 1915 thereby directing the petitioner to temporarily close the IMFL OFF Shop at Posala for preservation of public peace. The further case of the petitioner is that before issuing the licence for the year 2014-15 objections were invited from different sources and the Jenapur Grama Panchayat at the relevant time by communication dated 25.7.2014 submitted its no objection on the shifting of the IMFL OFF Shop. The petitioner contended that the shifting of IMFL OFF Shop to Posala was strictly in terms of the provisions contained under the Act and after obtaining no objection from the concerned area prior to issuance of temporary closure order dated 27.10.2014. Petitioner contends that since the impugned action was affecting petitioner's right under licence, she ought to have been given a chance to object its closure and it is under this circumstance, the petitioner claims that the direction under Annexure-4 is not only suffering for non-compliance of natural justice but also contrary to the provisions of the Bihar & Orissa Excise Act, 1915 besides being contrary to the demand in place and consequently sought for quashment of Annexure-4 and further directing the petitioner to continue in the shop room for the remaining period under the licence.

(3.) Perusal of the record reveals that this matter was taken up on 17.4.2015 and this Court in a Division Bench by order dated 17.4.2015 while issuing notice considering the Misc. Case No.5245 of 2015 passed the following order: