GANDHARBA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application, filed under Articles 226 and 227 of the Constitution of India, the Petitioner seeks to quash public notice dated 30.06.2009 in Form -A, copy of which is at Annexure -4 to the writ application, issued by and recommendation dated 11.08.2009, copy of which is at Annexure -7 to the writ application, of Opposite Party No. 3 Collector, Cuttack in connection with grant of exclusive privilege of IMFL 'ON' shop to Opposite Party No. 5 at 'Tadka' restaurant situated over the plot No. 638/1147, under Khata No. 535/207, Khan Nagar, (Gouda Sahi), Ward No. 38 of Cuttack Municipal Corporation.

(2.) ON consent, the matter was taken up for final disposal.

(3.) IT appears that sub -rule (1) of Rule 34 of the Rules, was substituted by S.R.O. No. 250/2005 dated 25.05.2005. Prior to substitution Rule 34 of the Rules, read as follows: 34. Licences for shops consumption of liquor, on vender's premises not to be granted at certain places - (1) No new shop shall be licensed for the consumption of liquor on the venders' premises; (a) in a market place; or (b) in the entrance to a market place, or (c) in close proximity to a bathing ghat; or (d) within at least three hundred metres from a Highway; (e) within at least five hundred metres from a place of worship, recognized educational institution, established habitant especially of persons belonging to Scheduled Caste & labour colony, mills & factories, petrol pumps, railway stations/yard, bus stands, agricultural farms or other places of public resort; or (f) within at least one kilometer from industrial irrigation & other development project area; or (g) in the congested portion of a village; Provided that the restriction on the maximum distance as mentioned under Clauses (d), (e) & (f) may be relaxed by the State Government in special circumstances. (2) So far as practicable, & established liquor shop licensed for the consumption of liquor on the premises shall not be allowed to remain on a site which would not under Sub -rule (1) be permissible for the location of a new shop. (3) In areas inhabited by Scheduled Tribes, country spirit shop shall not be licensed to be placed immediately on the said of a main road or in any other prominent position that is likely to place temptation in their way.