KARUNA KAR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners, who are residents of Kesaibahal Grama Panchayat, have filed this writ petition in the nature of Public Interest Litigation calling in question the action of the opposite parties in inviting applications for settlement of IMFL 'OFF shops in the said Grama Panchayat by way of lottery on 23.9.2005 for the year 2005 -06. The petitioners have alleged that such decision for opening of the IMFL 'OFF shop in their Grama Panchayat has been taken in violation of the provisions of Sections 22 and 26 -A of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act). It has been further alleged in the writ petition that the Kesaibahal Grama Panchayat is a scheduled area to which the provisions of Section 26 -A of the Act are applicable. The said Section requires that before granting licence of exclusive privilege, prior approval of the concerned Grama Panchayat accorded with the concurrence of the Grama Sasan is required and in the present case, no such approval has been obtained from the concerned Grama Panchayat.

(2.) A counter affidavit has been being filed sworn to by the Deputy Superintendent of Excise, Sambalpur on behalf of the opposite parties, inter alia, denying the allegations made by the petitioners and stating that notice to the Grama Panchayat for approval in accordance with the provisions of Section 26 -A of the Act was issued on 22.6.2005 calling for objections, if any, and specifically mentioning therein that objections received after the scheduled date shall not be entertained. The said notice was served on the Grama Panchayat on 3.7.2005 and also notice under Section 22 of the Act was served on the villagers on 27.6.2005. No objection having been received within the period specified in the said Section, i.e., 30 days with respect to the notice under Section 26 -A of the Act and 15 days with respect of the notice under Section 22 of the Act, the authorities proceeded with the matter and issued notice in Form -A on 17.9.2005 inviting applications from the intending persons with required documents by 23.9.2005 for settlement of the IMFL 'OFF shop by way of lottery on 26.9.2005.

(3.) ONE Dipti Harish Ganatra has sought for intervening in the writ petition by filing Misc. Case No. 13354 of 2005, inter alia, stating that the IMFL 'OFF shop in question has been settled in her favour in a lottery held on 1.10.2005 and licence for opening of the shop was also issued in her favour. Though the aforesaid Misc. Case was not taken up for consideration earlier, but finding that the said intervenor is vitally interested in the result of the writ petition, we allowed the learned counsel appearing for the said intervenor to address us at the time of hearing of the case.