NITYANANDA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application in the nature of Public Interest Litigation by the petitioner who is a Ward Member of Village Chabishkud in the district of Dhenkanal. The petitioner challenges the action of the opp.parties 1 to 4 in settling an Out Still Liquor Shop in favour of opp.party No.5 which was to be opened in village Kabera. The petitioner has stated in the writ petition that upon the opp.party No.4 issuing notice under Annexure -1 inviting applications for settlement of Out Still Liquor Shop in the district of Dhenkanal for the year 2005 -06 numbering around 14 main shops and 15 branch shops in different villages, one of which was proposed to be opened at village Kabera, several applications were received. It is stated in the writ petition that before issuing the notice in Form 'A under Annexure -1, public objections were invited in accordance with Section 22 of the Bihar and Orissa Excise Act (hereinafter referred to as 'the Act) and despite such objections being filed, without considering the same, the Out Still Liquor Shop was settled in favour of opp.party No.5 through a process of lottery. There was serious objection raised by the general public of the locality for which the Government considering such resentment decided on 16.11.2005 that no new liquor shoes shall be henceforth sanctioned until further orders and the liquor shops that were sanctioned during that year but not yet settled, shall not be opened and further, no fresh proposal for sanction of new shops shall be entertainable until further orders. The petitioner alleges hat though sanction for opening an Out Still Liquor Shop at village Kabera was granted in favour of opp.party No.5, but was not opened due to resentment of the villagers of the said village and the petitioner has come to learn that the opp.party No.5 has been permitted to open the said shop in village Chabishkud instead of village Kabera. Getting such permission, the opp.party No.5 has started construction of a house in village Chabishkud on a Government land for opening of the said shop. According to the petitioner, opening of the said Out Still Liquor Shop in the proposed site at village Chabishkud violates Rule 34 of the Rules framed under the Act and is within 100 mtrs. Distance from a temple, namely, "Kamakhya Mangala Mandir". Various other objections which the villagers have for opening the said shop in village Chabishkud have been mentioned and narrated in the writ petition. On the above facts, the petitioner has prayed for quashing the settlement/sanction of the proposed opening of the Out Still Liquor Shop in village Chabishkud and directing the opp.party No.4 not to allow the opp.party No.5 to open the said shop in the above village.

(2.) BY an interim order dated 17.1.2005, this Court directed that in the meanwhile, no liquor shop shall be opened in village Chabishkud. After passing of the said interim order, notice being issued to the opp.party No.5, the said opp.party No.5 has entered appearance and filed a return to the writ petition.

(3.) A separate counter affidavit has been filed on behalf of other opp.parties, inter alia, stating that no illegality has been committed in settling the Out Still Liquor Shop in favour of opp.party No.5.