ARVIND SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ petitioner has filed this application under Article 226 of the Constitution of India, inter alia, for directing opp. parties 1 and 2 to treat his exclusive privilege and licence granted in respect of Koraput No. 1 Foreign Liquor Off shop as surrendered, to quash the demand raised by opp. party No. 4 under Annexure -8 and to direct opp, parties 1 and 2 to refund advance consideration money with interest for the months of November and December, 1994.

(2.) FOREIGN Liquor Koraput No. I and III 'Off shops were offered in a lot for licence for the year 1993 -94. Manish Sahu, opp. party No. 3, took licence of the said two shops in a lot on a consideration of Rs. 24,000/ - for shop No. I and Rs. 6,000/ - for shop No. III. It was obvious that the consideration money for shop No. Ill was fixed at a much lower rate, because in the same area shop No. I was being operated on a consideration of Rs. 24,000/ -. Though opp. party No. 3 took licence for both the Off shops Nos. I and III, he in fact operated only Off shop No. I did not operate shop No. III. The Excise Policy for 1994 -95 provided that if the existing licensee did not opt for renewal of licence, the same would be offered and settled with others through the process of tender -cum -auction -cum -negotiation. By Notification dated November 10, 1993 (Annexure - 2) the State Government amended relevant Government Order dated April 23, 1990 by inserting a new Clause, namely :

(3.) OPP . party No. 4, Superintendent of Excise, Koraput filed a separate counter affidavit, opp. party No. 4 had taken the stand that the petitioner could not surrender his licence without giving one month's notice to the opp. parties.