Tarun Jaiswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 1198 of 2022 Sri Tarun Jaiswal ....

Petitioner Mr. S. Rath, Advocate -versusState of Odisha & Others ....

Opposite Parties Mr. M.K. Khuntia, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 06.04.2022 Order No.

03.

1.

This matter is taken up by virtual/physical mode. 2.

The Petitioner, namely, Tarun Jaiswal, is aggrieved by the action of the Excise Authorities for conversion of Beer Parlour "ON" Shop of the Opposite Party No. 5, namely, Smt. Sanghamitra Dash into IMFL "ON" (restaurant without lodging) Shop within the close proximity to the Petitioner's "OFF" Shop. 3.

It is the grievance of the Petitioner in the writ petition that though he raised objections and pointed out gross violation of Rules 24, 25, 26 and 29 of the Odisha Excise Rules, 2017, the said Authorities have not paid any heed to. By way of filing writ petition, the Petitioner contended that being person aggrieved U/s 20 of the Excise Act read with Rule 34 of the Odisha Excise Rule, he has locus standi to file the writ petition in as much as being the

// 2 // licensee of "OFF" Shop, he has to meet higher quantity of MGQ and deposited licensee fee every month.

4.

Considering the pleadings and contentions raised by the Petitioner notice was issued to Opposite Parties 1 to 4 vide order dated 4th February, 2022.

5.

When the matter is taken up today, the counsel for the Petitioner Mr. S. Rath, Advocate submitted that the Petitioner does not want to prosecute the writ petition any further and accordingly did not press the matter 6.

In view of the submission of the Petitioner, the writ petition is disposed of as not pressed.

(Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant April 6 , 2022 Cuttack