Kshamanidhi Samal v. State

// 1 //

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.20631 of 2014 Kshamanidhi Samal ....

Petitioner Mr. Prafulla Kumar Rath, Amicus Curiae & Mr. Dilip Kumar Mohapatra, Advocate -versusState of Odisha & Others ....

Opposite Parties Mr. Lalatendu Samantaray, Additional Government Advocate

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN

ORDER

16.09.2022 Order No.

33.

1.

Letter dated 31st March, 2014 vide Annexure-6 issued by the Opposite Party No.4-Superintendent of Excise, Cuttack intimating refusal to consider the shifting of "FREE TIME IMFL RESTAURANT 'ON' SHOP" from existing Plot No. 3450 of 4714 in Khata No. 1162 of 383, Mouza: Bhanapur, P.S.: Sadar, District: Cuttack to Mouza: Tarol, Ward No. 45, P.S.: Jagatpur, District: Cuttack over Plot No.2112, Khata No. 620/1359 is under challenge before this Court in the present writ petition. Issue of writ of mandamus is sought for to the Opposite Parties for issuance of license to operate the said "ON" Shop for the remaining period of 2014-15. This Court vide order dated 31st October, 2014 issued

// 2 // notice to the Opposite Parties. On consideration of the facts mentioned in the Letter dated 31st March, 2014 that the location/site to which aforesaid "ON" Shop was proposed to be shifted was situated within 35 metres away on the side of the State Highway which violated the guidelines issued in Letter No.284/EX, dated 18th January, 2014 of the Government in Excise Department and Letter No.3710/EX, dated 1st June, 2022 of the Excise Commissioner, Cuttack.

2.

This Court on 16th January, 2015 observed as follows: " Learned counsel for the State files a counter affidavit in Court today sworn to by the Superintendent of Excise, Cuttack after serving a copy thereof on the learned counsel for the Petitioner. The same is taken on record. In paragraph-7 of the said counter affidavit, it appears that the Excise Commissioner, Odisha was to review the position regarding "ON" Shops along National Highways and other State Highways etc. but, till date no decision of the Government regarding the criteria and norms for the location of "ON" Shops along National Highway has yet been communicated.

Therefore, the Excise Commissioner and the Secretary to the Government of Odisha, Excise Department are directed to file affidavits within a period of two weeks from today indicating what steps they have taken in this regard. List this matter two weeks after. "

// 3 // 3.

Taking notice of additional affidavit dated 6th July, 2015 filed by the Superintendent of Excise, Cuttack, this Court vide order dated 14th July, 2015 passed further orders to the following effect: " In the present writ petition, an additional affidavit on behalf of the Opposite Parties 2 to 4 has been filed by the Superintendent of Excise, Cuttack enclosing therein a Resolution of the Government of Odisha, Excise Department dated 2nd June, 2015 (Annexure-A/4). Relevant portion of the aforesaid resolution is quoted herein below:

i. The license of the IMFL 'ON' Shops which are located within 50 mtrs. of NH/SH should be shifted to 50 mtrs. away from NH/SH. Highways mean National Highways and State Highways and shall not include the part of the National Highway or State Highway which passes within the concentrated developed area of the Municipal Corporation, Municipality or NAC or the Urban Local Bodies. On the outskirts of a city even if it falls within the municipal limits but it is not a concentrated developed area, the 50mntrs. Rule will apply. In future no new IMFL 'ON' Shops should be recommended within 50 mtrs. of the NH/SH.

ii.

Whenever a bye pass is constructed, the portion of old National Highway which is replaced by the bye pass may not be considered as National Highway so far as the excise shops are concerned i.e. it be treated as a city road.

iii.

In order to implement the 50 mtrs. Rule for shifting, the EP-holders may be allowed maximum 3 (three) months time for relocation.

In view of the aforesaid policy decision of the State, we direct the Petitioner to make fresh application indicating the location of its site for consideration of the Excise Commissioner, Odisha, Cuttack/Superintendent of Excise,

// 4 // Cuttack which shall be dealt with in terms of the guideline issued by the Excise Commissioner, Odisha, Cuttack vide letter dated 1st June, 2012 as supplemented by Resolution of the Government of Odisha, Excise Department dated 2nd June, 2015 (Annexure-A/4). The said application, if made, within a period of four weeks from today, the same shall be considered and disposed of within a period of eight weeks thereafter.

In course of hearing of this case, since the policy decision of the Excise Department has been brought to our notice, we find that the State has taken a decision to implement the 50 metres Rule relating to "ON" as well as "OFF" shops and they have stated that the EP-holders may be allowed maximum three months time for relocation from the date of issue of the resolution.

The matter shall be listed before this Court on 14th September, 2015 on which date the Excise Commissioner, Odisha Cuttack shall file an affidavit indicating what steps it has taken to implement the policy decision vide Resolution of the Government of Odisha, Excise Department dated 2nd June, 2015(Annexure-A/4). "

4.

This Court on 22nd September, 2015 directed the Excise Commissioner, Odisha, Cuttack to be present in person on 28th September, 2015, on which date detailed description was held with regard to de-addiction of Alcohol. The order dated 28th September, 2015 is reproduced hereunder:

" Shri Prasant Kumar Senapati, Commissioner of Excise is present in Court today in person. No counsel appears for the either party due to abstaining from work declared by the Members of the High Court Bar Association.

// 5 // After discussing the issue of wide addiction to Alcohol and other form of drugs, we are of the considered view that issue of de-addiction needs to be dealt with by the State in a holistic manner with all concerned Departments. Mr. Senapati informs the Court that approximately the Excise revenue collected by the State for the year 2014-15 was Rs.2,000 crores and in the current financial year 101516 a sum of Rs.2300 crores is expected to be achieved. He informs us that in the present year a Budgetary provision of a paltry sum of Rs.14.99 lakhs has been allocated towards de-addiction, but obviously nothing has been spent since no project has yet been operationalised.

Mr. Senapati further informs us that the State Government have directed the OSBC to engage NGOs for the purpose of de-addiction and although 85 NGOs made necessary applications, two of them have been tentatively selected on the terms and conditions stipulated by the State Government.

We are of the view that the extent of addiction either of liquor or other form of drugs is widespread within the State (both urban and rural). Various agitation by the public at large are being reported every week basis seeking closure of licence shops of IMFL or C.S. or O.S and local resident of various areas are taking the law into their own hand being driven by consequences of addiction in the Society and the resultant frustration.

In view of the aforesaid fact situation, we direct the Secretary of Excise, Secretary of Health & Family Welfare, Secretary, Women and Child Development and Commissioner, Disability to immediately hold an emergent meeting and discuss the ways and means with the State and set up de-addiction centres in all three medical colleges as well as all district headquarters hospitals. The expenditure for creation of posts and infrastructure at such locations

// 6 // ought to be funded from the excise collection made on a annual basis.

We consider that allocation of Rs.14.99 lakhs is a mere tokenism and in the light of the fact that Rs.2300 crores is to be collected and the same does not even amount to a drop in the ocean.

Therefore, the Committee is directed to present a report to the State Government to allocate appropriate sum for the purpose of setting up de-addiction centres at the places indicated above and the de-addiction centres must be made operational within a period of three months. The Secretary of the Committee shall file an affidavit before this Court within two weeks indicating their recommendation. The Committee may also consider the need for appointment of NGOs having experience on the field. It must be kept in mind that the NGOs can be utilized, but they cannot substitute the State responsibility.

List this matter on 28.10.2015 for orders and submission of report by the Secretary.

Copy of this order be handed over to Mr. Senapati for necessary communication. "

5.

While monitoring the steps taken by the Government with regard to Alcohol De-addiction, this Court observed vide order dated 30th October, 2015 as follows:

"*** 3. We have perused the affidavit as well as the Minutes of Meeting appended as Annexure-B/1 to the said affidavit. We find from the said Minutes of Meeting that the deponent has not addressed any of the issues for which an affidavit was called for. Apart from constitution of the committee as directed, from the Minutes of Meeting, it is

// 7 // clearly indicative of non-application of mind. This Court by its order dated 28.9.2015 had issued specific directions to the State Government the first of which was to ensure that de-addiction centers in all the three Govt. medical colleges as well as all the District Headquarter hospitals must be set up. This was the direction needed compliance and in response to such direction, from the Minutes of Meeting, we find that the following has been noted.

'The three Medical Colleges and 32 District Headquarter Hospitals may not have adequate vacant space to set up De-addiction Centres xxx.'

The aforesaid quoted-portion of the Minutes of Meeting clearly indicates that, no real attempt has been made by the Committee to actually ascertain as to whether any vacant space is available or not and without ascertaining the said fact, a vague statement to the extent using the term may not have adequate vacant space has been used, in order to shrug off their responsibility instead of complying this Courts direction. We record our utmost displeasure of this attempt.

4. In the aforesaid self-same Minutes of Meeting, it is stated that alcohol addicted persons require a multidisciplinary approach.

Obviously, the only location where multidisciplinary approach or multidisciplinary treatment can be made available to addicts is at the Government Medical Colleges as well as the District Headquarter Hospitals. Therefore, it is of vital importance that deaddiction centre at these locations must be made functional positively within a period of three months from today. We further direct that necessary financial requirements shall be placed for approval before the Finance Department and such approvals must be granted by the Finance Department with utmost urgencies. Every day citizens of the State and in particular, the youth are facing growing-problems due to addiction of alcohol as well as other substance abuse. Deaddiction remain the responsibility on the State. While the

// 8 // State is collecting huge amount of revenue as State Excise Duty (as indicated in our earlier order) from the sale of alcohol, there is no reason as to why a sizeable of such revenue, should not be kept aside or earmarked for the purpose of de-addiction not only from alcohol but from other forms of substance abuse as well.

5. We further find from the Minutes of Meeting that the State while trying to shrug off its own responsibility from operating such de-addition center appears to be relying upon various NGOs for the support in carrying out such task. In our earlier order dated 28.9.2015, we had specifically directed that the State may consider appropriate reputed NGOs for financial and other support as may be necessary for operating such de-addiction centers but, we had made it clear that appointment of NGOs cannot be a substitute for the State responsibility in this regard. We, therefore, are constrained in such circumstances to reject the affidavit filed by the Secretary, Excise Department, since we find that although a Committee has been formed, no effective steps have been taken for compliance of our direction.

We further find that various purported steps are clawed to have been taken for budgetary sanction for such purposes but this Court records its anguish that the sense of urgency appears to be lacking in this regard. We, therefore, hope and trust that State will reconsider the matter and an appropriate affidavit be filed within two weeks from today indicating what effective steps have been taken for the purpose of implementing the order of this Court as noted hereinabove.

Nothing in this order prevents the State from actually engaging NGOs and providing assistance as they may be required for operating de-addiction centers. We hope and trust that the anguish recorded by us will be responded in an appropriate manner and we also record that in the event the future affidavit is found inadequate, this Court will have to

// 9 // take appropriate steps that may be necessary in order to ensure compliance of its directions."

6.

Appreciating as the steps taken by the Government vide order dated 18th March, 2016, certain directions were issued. The said order runs as follows:

" Heard learned counsel for the parties.

On perusal of the affidavit filed by the Principal Secretary to Government, Department of Social Security and Empowerment of Persons with Disability, Bhubaneswar dated 16.03.2016, it appears that the Government have initiated steps for setting up of 9 De-addiction Centres of 30 bed capacity in 3 Medical Colleges and 6 District Headquarter Hospitals o f 10 bed capacity.

It is further stated in Paragraph-5 that the budget proposals for 9 De-addiction Centres (with indoor facility) at MCH & District levels including estimates have been submitted by the Finance Department whereas human resources requirement for managing DAC has already been approved. In Paragraph-6 of the affidavit, it appears that Rs.49 crore are being provisioned in the current budget for construction of 9 De-addiction Centres i.e. 3 Medical College Hospitals, 4 District Headquarter Hospitals, Capital Hospitals, Bhubaneswar & RGH, Rourkela and District Headquarter Hospitals at Angul, Mayurbhanj, Puri, Bolangir in an integrated manner. It is also noted therein that 32 proposals for the year 2014-15 and 27 proposals for the year 2015-16 recommendations have been made to the State Government and the same have been forwarded to the Central Government.

In view of the aforesaid affidavit, we direct that :

// 10 // (i) the Finance Department shall take immediate steps for granting approval for setting up of the Deaddiction Centres as stated in the affidavit. (ii) We are of the considered view that a Courtappointed Commissioner ought to be appointed to visit all the existing De-addiction Centres run by the State as well as various NGOs which have been recommended by the State. Therefore, Mr.Prafulla Kumar Rath, learned counsel is appointed as the Commissioner who shall visit such locations at his convenience and submit a confidential report before this Court in a sealed cover indicating the functioning of such De-addict ion Centres; the facilities available therein; the man power available therein; facility for treatment of indoor as well as outdoor patients and his impression of the effectiveness of such Centres with suggestion, if any.

(iii) The State is directed to inform all the District Collectors including the NGOs who are operating Deaddiction Centres to provide access and assistance that may be necessary by the Court-appointed Commissioner to evaluate the above.

(iv) A sum of Rs.50,000/- (Rupees fifty thousand) may be given to Mr. Rath who is appointed by this Court as Commissioner within a period of ten days from today to defray the expenses that are likely to be incurred in course of his visits. He is also at liberty to place before this Court, if any further amount of expenses that are needed to carry out the aforesaid direction. He shall also be provided with the addresses and details of the NGOs with their telephone numbers etc. to carry out the direction of this Court.

// 11 // (v) Mr. Rath, the Court-appointed Commissioner shall visit all the locations as would be convenient to him and submit a report before this Court by 9th May, 2016 with the details of the existing De-addiction Centres being operated by the State.

(vi) We make it clear that in the event any counsel for the State would like to join with the Court-appointed Commissioner for such inspection, he is at liberty to join.

(vii) A further affidavit be filed by the Secretary concerned showing the further developments that may take place in the interregnum.

(viii) Registry of the Court shall provide a copy of this order along with the affidavit of the Principal Secretary to Government, Department of Social Security and Empowerment of persons with Disability, dated 16.03.2016 (at page-160) to Mr. Rath (Court-appointed Commissioner).

List this matter on 9th May, 2016.

Free copy of this order be handed over to the learned counsel for the State. Urgent certified copy of this order be granted on proper application."

7.

Mr. Prafulla Kumar Rath, Advocate, engaged as CourtAppointed-Commissioner, submitted a report on functioning of Integrated Rehabilitation Centre for Addicts (IRCAs) and DeAddiction Centre (DACs). Acknowledging painstaking visits made by Mr. Rath, Advocate, this Court has observed the following vide order dated 4th July, 2016:

// 12 // "Mr. Prafulla Kumar Rath, learned counsel, who has been appointed as Court Appointed Commissioner to visit the de-addiction centres (both at the District Head Quarters Hospitals as well as those run by NGOs i.e. IRCAs) has submitted his report before this Court along with a concise report containing his findings as well as recommendations for effective functioning of de-addiction centres and IRCAs. The Court records its satisfaction and appreciation of the efforts undertaken by Mr. Rath, the Court Appointed Commissioner, who has painstakingly visited all the District Headquarters Hospitals as well as NGOs running deaddiction centres throughout the State and we also record our appreciation of the difficult task that he has undertaken. In terms of our earlier direction, Mr. Rath was advanced to a sum of Rs.

50,000/- towards covering his likely expenses and a detailed expenditure list has been provided by him under cover of his statement dated 20.06.2016. On perusal of the same, we find that the total expenditure for which he has incurred is Rs.35,366/- against an advance sum of Rs.50,000/- received by him. We find that the Court Appointed Commissioner had to visit every District of the State sacrificing valuable time including possible court time as well. We, therefore, seeing the fact that he has traveled for more than 20 days, we are of the considered view that a lump sum amount would be appropriate for the service rendered by him by utilizing his own vehicle and preparing report. We direct that a further sum of Rs.10,000/- per day amounting to Rs.

2,00,000/- (Rupees two lakhs) be paid to him towards the services rendered within a period of two weeks from today (apart from the Rs.50,000/- given to him as advance).

A copy of this report be served on Mr. A.K. Bose, learned Assistant Solicitor General, who is directed to supply a copy of the report to the appropriate Ministry of the Central Government administering de-addiction centres and obtain

// 13 // instructions therefrom the manner in which the RRTC at Bhubaneswar can be better administered as well as consider setting up of a State Level Drug Dependants Treatment Centre, like the one establish by the Union of India at the All India Institute of Medical Sciences, New Delhi for the proper guidance as well as supervision of all de-addiction centres throughout the State.

Learned counsel for the State prays for two weeks time to file his response vis-a-vis this report and the affidavits filed by the State earlier. The prayer is allowed.

The report and all records submitted by Mr. Rath, Court Appointed Commissioner may be kept in a separate sealed cover and the representative of the State Government , if so they required, inspect the same in the Registry of this Court. List this matter on 19.07.2016. "

8.

Bringing it to the notice of this Court, Mr. Rath, Advocate apprised about the malfunctioning of De-addiction Centre as well as the Integrated Rehabilitation Centres for Addicts (IRCAs) operated by Non-Government Organizations (NGOs) in 33 different locations. This Court vide order dated 2nd December, 2021 passed the following order:

" 1. Detailed orders have been passed in this petition by this Court on 7th and 22nd January, 2016 and again on 18th March and 9th August, 2016 regarding the setting up of Deaddiction Centres (DACs) in the State of Orissa. This Court had appointed Mr. P. K. Rath, learned counsel as Amicus Curiae (AC) and he had submitted a detailed report on 20th June, 2016 after visiting many of the existing facilities in the State of Odisha.

// 14 //

2. Mr. Rath points out that apart from DACs, which according to him are not properly functioning, there are Integrated Rehabilitation Centres for Addicts (IRCAs) operated by NGOs in 33 different locations, which also according to him are not properly functioning. He states that there is no system of regulating the activities of the IRCAs. Mr. Rath also refers to National Action Plan of 2021 brought out by the central government highlighting 272 most affected districts in the country, 9 of which are located in the State of Odisha

3. Till date, although more than 5 years have elapsed, the response of the State Government to the said report has not been presented before the Court.

4.

Mr.

Debakanta Mohanty, learned Additional Government Advocate for the State prays for some more time for that purpose.

5. The Court directs that the Secretary Commissionercum-Secretary to Government, Department of Social Security and Empowerment of Persons with Disabilities, Bhubaneswar (SSEPD Department) will have a meeting with Mr. Rath, learned AC to understand the observations and recommendations made in his report and thereafter formulate a proper response of the State Government, which will then be placed before this Court in the form of an affidavit. The Secretary, SSEPD Department will also state in the same affidavit what steps have been taken to implement the National Action Plan in the 9 districts in Odisha highlighted in the said Plan.

6. The Secretary, SSEPD Department will file the said affidavit at least one week prior to the next date. The report of Mr. Rath, learned AC which is in a sealed cover be sent to the Court on the next date.

7. List on 10th February, 2022. "

// 15 // 9.

While commenting upon the functioning of De-Addiction Centre, Mr. Rath in his report concluded as follows: "The above analysis of the report concluded from different centres, my conclusion about functioning of DAC as aforesaid that the DACs which are stated to be functioning are functioning as a part of Psychiatric Department in different Medical Colleges and District Headquarters Hospitals, without adhering to specified norms, standard, guidelines and mandates of Mental Health Act & Rules." 10.

Mr. Rath recorded his observation during his visit to Integrated Rehabilitation Centre Addicts as follows: "During my visit to the IRCAs, I have seem that the IRCAs maintain registers to show that they have been arranging meetings in the villages to create awareness. But such registers are not certified by any public officer. There is absolutely no material produced to show that they have created awareness in the target groups, high risk groups as referred above. Though some of the IRCAs have produced some leaflets and posters, they are not enough to suggest that they are working on preventive education and awareness, which is one of their integral part of the scheme."

11.

In the ultimate Mr. Rath, Advocate suggested the following improvement and effective functioning of DACs and IRCAs: " 1.

The Government should establish DACs in all District Headquarters Hospital of the State, which should be the Referral Centres and function under an independent Directorate.

// 16 // 2.

The DACs established by Government should have an independent building separate from the hospital, which should be headed by a GDMO with the staffing pattern provided in the literature called "Minimum Standards of Care for the Government DACs."

3.

The Government run DACs are to be sanctioned and provided with sufficient funds, so as to meet their expenses.

4.

The Government should be suggested to impose specific amount of cess on sale of each unit of excise items. What will be the extent of cess, it should be left open to the Government to decide matching the requirement of funds that will be necessary for establishment and maintenance of DACs.

5.

In every DACs and IRCAs, three should be 24 hour Emergency Care available to meet the exigent situations.

6.

The DACs and IRCAs should be periodically inspected about their performance credibility. 7.

The DACs and IRCAs should be accountable for their work and fund sanctioned to them.

8.

The Government either through three tier Panchayatiraj system or department of Social Security & Empowerment of Persons with Disability (SSEPD) Department should publish adequate advertisement by hoardings at prime locations, mass media, print media so that people throughout the State will learn about existence and functioning of DACs/IRCAs at different localities. 9.

During my visit, I have come across some persons at different centres who are not addicts, but have been admitted as patients in the IRCAs. This kind of fake admission should be not only discouraged, but dealt with

// 17 // properly at the appropriate level. In other words, there must be weekly verification of IRCAs by DSSO and RRTCs regarding proper functioning of IRCAs. Comparative assessment of all the reports throughout the year should be the basis of sanction for the IRCAs, for the next year. 10.

There are a sizeable number of women addict in our State. None of the IRCA have made separate provision for admitting women addicts.

11.

There is no separate provision for a juvenile addict. I have found a juvenile addicted by dendrite smelling and getting intoxicated has been admitted in a centre at Pipili. In other IRCAs also, I have found juvenile addicts, who are staying with other addicts in the same centre, thereby exposing the juvenile to the several other difficult situation. Therefore, my suggestion would be, the IRCA should have separate provision to admit and treat the juvenile separately as well as there should be focus of De-addicting women addicts.

12.

Mostly in tribal areas and slum areas, we come across tribal women largely addicted to Alcohol, Handia and Country Spirit etc. Since, an women in a family and society plays a pivotal role creating awareness and deaddicting women should form a part of de-addiction process. De-addicting of women will have a larger impact, not only on the family, but also in the society. Therefore, focus should be given in this aspect regarding making provision for de-addiction of women separately in the centre.

13.

There should be specific instruction given to the State Government and Government of India as well to sanction funds at the beginning of the year, so that the IRCAs and DACs work will be more target oriented to achieve the object.

// 18 // 14.

Care should be taken to see that De-Addiction Centre to be established in the District Headquarters should work as a Referral Hospital with provision for indoor and outdoor / emergency treatment facility. 15.

IRCA should be specifically instructed not to admit addicts who are suffering from serious psychiatric problem, suicidal tendency, depression with psychiatric disorder and violence attitude. Those patients should be referred to the specified hospital meant for them. 16.

All the centres should be specifically instructed to run Yoga and spiritual classes regularly. There should be spiritual shows either Audio visual or discourses in the centre so as to inject spiritual thought in the minds of the addicts.

17.

The centres should organize De-addiction Camps, Awareness Programmes following the procedures in the guidelines at regular intervals, which should be made mandatory with help of persons holding positions and credibility like local Panchayat leaders, School & College Principals, Teachers, Lectures, Spiritual persons etc. 18.

The Government should made specific provisions to create awareness about the adverse effect of alcohol, drugs etc by putting hoardings at the prime locations and visible points of Gram Panchyats, Block Headquarters, District Headquarters, Bus Stand, National Highway side, Railway Station so also at the entry point of School, College, Technical Institute and Professional Institutions etc.

19.

The Gram Panchayats, Panchayat Samities and Zilla Parisad should also be given responsibility to work on the awareness about adverse effect of alcohol and drugs by constituting Panchayat level Awareness Groups. In my humble opinion, the aforesaid suggestions of mine may not

// 19 // be exhaustive and there may be other ideas which will help the society on the field of De-Addiction.

All the IRCAs and DACs should be instructed not to use any third degree method while treating any inmates." 12.

Mr.

Lalatendu Samantaray, Additional Government Advocate submitted that the Government has now taken effective steps after discussing with Mr. P.K. Rath, Advocate, CourtAppointed-Commissioner as directed in the order dated 2nd December, 2021. The Government in Social Security & Empowerment of Persons with Disabilities Department taking note of suggestion as made in the report dated 20th June, 2016 submitted that pro active steps have been taken for rehabilitation of addicts. 13.

In view of such submission, it is felt that the matter does not require any further monitoring by this Court for the present. Appropriate petition can be moved in case exigency would arise in future.

14.

In fine, as the proposed location to which the Petitioner sought permission to shift his ON Shop with respect to balance periods of 2014-15 does not survive, the relief prayed for cannot be granted at this distance of time. This Court accepts the report of the Superintendent of Excise to the effect that proposed site is within 35metres from State Highway and, therefore, does not warrant it apt to grant relief to the Petitioner as prayed for.

// 20 // 15.

Accordingly, the writ petition stands disposed of. (Jaswant Singh) (M.S. Raman) Judge Judge Laxmikant September 16, 2022 Cuttack