KRUSHNA CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present writ petition at the instance of one Krushna Chandra Sahu and another Narendra Sahu against State of Orissa by impleading Commissioner, Excise, Orissa, Collector, Ganjam at Chatrapur and Superintendent of Excise, Ganjam seek the following reliefs : '..........that your lordships be graciously pleased to admit this writ application, issue a Rule/in asking the opposite parties to show cause as to why the petitioners shall not be paid back the money deposited by the petitioner under Annexure - 1 along with compensation and if the opposite parties fail to show cause or show insufficient cause make the said rule absolute and issue a writ in the nature of mandamus directing the opposite parties to refund the consideration amount deposited by the petitioner under Annexure -1 and also further direct that adequate compensation should be given also be paid to the petitioners and in the alternative the Hon'ble Court direct the opposite parties to refund the consideration money along with 18% interest from the date of his deposit and or issue any other writ/writs, order/orders, direction/directions giving complete relief to the petitioners.......'

(2.) IT is stated, inter alia, that the writ petitioners were the highest bidders in respect of opening of a country liquor shop at B. Nuagaon in the district of Ganjam for the year 1992 -93. The State of Orissa had authorised Collector, Ganjam for auction of exclusive privilege in respect of O.S.shop for the Ganjam District in the year 1992 -93. The petitioners deposited Rs. 1,20,000/ - with the District Collector, Ganjam on the same day. After the deposit was made the Collector, Ganjam forwarded to the opposite party No. 1 - State of Orissa. The opposite party No. 1 by order dated 31.3.1992 intimated the Excise Commissioner, Orissa that settlement of the privilege in respect of the B. Nuagaon C.S.shop had been kept in abeyance for the coming year and further ordered that the Collector, Ganjam would enquire and submit a report on the representation made by the local villagers protesting such opening of the liquor shop. Therefore, any further action would be taken along with the said order and a copy of the representation was also forwarded to the Exise Commissioner, Orissa. It is also stated in the writ petition that the local M.L.A. also wrote a letter to the Collector, Ganjam -Chatrapur against opening of any liquor shop in the said village. The local villagers also made an application to the Collector, Ganjam immediately after the auction so that the petitioners may not be permitted to open any C.S.shop in that village. The local villagers have protested for opening of a liquor shop in the entire village and the petitioners were presented from finding any location thereon. Stating all these facts in details the petitioners have come to this writ Court seeking relief as indicated above, by contending that it was obligatory on the part of the Government to refund the consideration amount.

(3.) WE have perused the averments made in the writ petition as well as in the counter -affidavit. Mr. Ashok Mohanty, learned counsel for the petitioners has drawn our attention to Annexure -1, the receipt of deposit of a sum of Rs. 1,20,000/ -. Annexure -2 refers to the communication made by the Under Secretary, Government of Orissa, Revenue and Excise Department to the Excise Commissioner, Orissa asking to take notice of the protest application of the villagers and for keeping in abeyance of the Government's decision to confirm to the privilege settlement. Annexure -3 is a letter written by the local M.L.A., Chikiti to the Collector, Ganjam raising serious objection that there should not be opening of liquor shop at village B. Nuagaon and opening of said shop will create serious law and order problem affecting the peace of the village. Annexure -4 is a letter of the villagers of B. Nuagaon to the Collector, Ganjam raising their serious objection against opening of C.S.shop in that village. Annexure -5 is a letter by the Tahasildar, Chikiti to the petitioner No. 1 informing that, no Government land was available for operating a C.S.Shop at village B. Nuagaon as per Rule 34 of the Orissa Excise Manual, 1965. Annexure -6 is the letter of the Superintendent of Excise to the Collector, Ganjam stating, inter alia, that the efforts made by E.P.Holders to find out a suitable unobjectionable site both Government and private, is not wanting. In the reports, the Superintendent of Excise has clearly placed on record that during enquiry 200 people of the village approached him and strongly objected for opening of C.S. shop. The inhabitants have taken decision for not opening of such a shop in the locality. Annexure -7, which is also Annexure -A to the counter -affidavit, is the letter of the Collector, Ganjam addressed to the Commissioner of Excise stating clearly that no C.S.shop at village B. Nuagaon should be operated during (he cunent year due to the hot feeling of local people of the area.