K. NARAYAN RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument and the Judgment is as follows.

(2.) PETITIONER in W.P.(C) No. 10837 of 2008 inter alia challenges the show cause notice, Annexure -11 series issued, by which the Superintendent of Excise, Gajapati has asked to show cause as to why the licenses granted to operate outstill liquor shops at Parlakhemundi Zone No. 1, Parlakhemundi Zone No. 11, Uppalada, Rayagada, Garabandha, Kasinagar, Hadubhangi, Ramgiri and Cheligada be cancelled for breach of the conditions of the licenses.

(3.) THE licensee, i.e. the Petitioner in W.P.(C) No. 10837 of 2008, inter alia, contends that the Superintendent of Excise, Gajapati has no jurisdiction and legal authority to issue notice to show cause in view of the provision in Section 22 read with Section 42 of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act'). In that respect, the Opposite Parties, i.e. the State and its officers in the Excise Department and the Collector, Gajapati have filed a counter signed by the Superintendent of Excise, Gajapati. In the entire counter, the legal contention raised by the Petitioner is not directly replied but it is stated by the Superintendent of Excise that 'as the licensee are carrying on their business in violation of the Excise Policy as well as the Act and the Rules and in contravention of their own undertaking, the Excise Superintendent getting no other alternative issued the show cause notice dated 29.06.2008 under Annexure -11 asking to show cause as to why the licenses shall not be cancelled for the violation of the aforesaid Rules and Policy. The aforesaid action of the deponent has been approved by the collector, who is the authority under the Act to issue license and to take appropriate action in respect of any violation.' Though a bunch of documents have been annexed as Annexures A/3 to C/3, but no document has been filed by the State to show that the show cause notice was issued on the direction of the Collector. Therefore, the aforesaid averment does not make any sense to confer jurisdiction with the Superintendent of Excise to issue show cause notice.