ISWAR CHANDRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) W .P. (C) No. 8276 of 2009 has been filed for quashing Annexure -1 a notice issued by the Collector, Jajpur on 25.5.2009 inviting application for settlement of country spirit shops through lottery for the remaining period of 2009 -10 and also for a direction to renew the licence of the petitioner in respect of country spirit shops at Jarka and Chadeidhara in the district of Jajpur for the year 2009 -10. The case of the petitioner is that he is an exclusive privilege holder of C.S. shops at Jarka and Chadeidhara in Jajpur Excise District since 2002 -03 and every year the said licences were being renewed and the last renewal was up to 31st March, 2009. In pursuance of the guidelines issued by opposite party no. 4 dated 24.2.2009, the Charge Officers of Excise, Jajpur district were required to renew the existing C.S. shops for the period 2009 -10 with 10% increase over and above the existing consideration money with MGQ on average 65 OLPL per Rs. 1000/ - of consideration money fixing excise duty on average of Rs. 18/ - per LPL. However, in spite of such instructions/guidelines, notice in Annexure -1 was issued for settlement of shop through lottery even though the renewal application had been filed by the petitioner for the year 2009 -10 and he was agreeable to abide by the conditions contained in the guidelines. When his renewal application was returned by the authorities, he filed W.P. (C) No. 6321 of 2009, which has been tagged to this case.

(2.) A counter affidavit has been filed on behalf of opposite parties 3 and 4 wherein it is stated that there was a report from the Excise Constable about misbehavior and assault made by the petitioner while the Excise Constable was discharging his official duty and that apart the petitioner has been accused for attempting to commit murder of a lady Excise Sub -Inspector by intentionally causing accident of his vehicle. In course of such accident, the said lady S.I. suffered severe injuries on her body and two cases for these two incidents are pending against him. In view of pendency of the aforesaid two cases, under Clause (IX) of Form -A of Government of Orissa in Excise Department Order No. 2920 dated 28.04.2006 the renewal application submitted by the petitioner was returned and notice was issued.

(3.) ADMITTEDLY , two criminal proceedings are pending against the petitioner for non -bailable offences but he has not been found guilty of the same or has been convicted by the criminal courts. Rule -45 relied upon by the learned counsel for the petitioner is quoted below: -