SARAT CHANDRA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed by the Petitioner challenging the letter dated 18.12.2006 of the State Government in the Excise Department, directing shifting of Pedagadi IMFL 'OFF' shop of Mayurbhanj district, Notice No. 378, dated 7.3.2007 issued by the Collector, Mayurbhanj, under Section 26 -A of the Bihar and Orissa Excise Act (herein after referred to as the 'Act') and Public Notice in Form 'A' for grant of IMFL 'OFF' shop (shifting proposal) from Pedagadi Grama Panchayat to Nuasahi Grama Panchayat within the Kaptipada Block for the year 2007 -08.

(2.) THE contention of the Petitioner is that since he is a exiting licencee of IMFL 'OFF' shop at Kaptipada Block in the district of Mayurbhanj with monthly licence fee of Rs. 49,360/ - for the year 2007 -08, it is unreasonable to grant another IMFL 'OFF' shop licence at Nuasahi within the area of the Petitioner's shop with monthly licence fee of Rs. 10 ,000/ - during the subsistence of the Petitioner's licence which is valid and operative till 31.3.2008. It is the plea of the Petitioner that in view of the policy decision of the State Government in paragraph 22 (B) of the Excise Policy for the year 2007 -08, the consideration money of all IMFL 'OFF' shops should have been rationalized to bring all the shops into standardized category with uniform consideration money to avoid cut throat competition and therefore, the decision of the State Government to grant IMFL 'OFF' shop licence to Opposite Party No. 5 at Nuasahi with a monthly licence fee of Rs. 10,000/ - is arbitrary and discriminatory and bound to affect the exiting shop of the Petitioner adversely.

(3.) IN the counter affidavit filed by Opposite Parties 3 and 4, it has been stated that Opposite Party No. 5 had been granted with licence for operating an IMFL 'OFF' shop at village Pedagadi for the year 2005 -06, but because of public agitation and law and order problem, said Opposite Party No. 5 was not able to operate the said shop. The Collector, Mayurbhanj had accordingly recommended for closure of the said shop on the ground of law and order problem for the year 2006 -07, in view of continuous public agitation. After closure of the shop, the said Opposite Party No. 5 represented to the State Government expressing his grievance, for not being able to operate the shop, on the basis of which the State Government vide Order Dated 18.12.2006 directed that Pedagadi IMFL 'OFF' shop may be re -opened by way of shifting to a suitable unobjectionable site within the same Block, after observing all the formalities in the interest of the Government revenue and to check the illicit liquor trade in the locality.