Soubhagya Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) 6025 of 2022 Soubhagya Kumar Jena ....

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

Respondent Mr. Debakanta Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER

31.10.2022 06.

1. The prayer in the present writ petition is for direction to the Opposite Parties to waive the demand pertaining to short lifting of the MGQ in respect of the Country Spirit shop allotted to the Petitioner.

2. It may be mentioned at the outset that Mr. Gouri Mohan Rath, counsel for the Petitioner does not press the prayer for refund of the licensee fee. He states that the Petitioner has in fact paid the license fee for the period in question. He limits the prayer only to short lifting of MGQ.

3. The background facts are that a sale notice inviting the applications for settlement of an exclusive Country Sprit Shop was issued on 17th March, 2021 by the Collector & District Magistrate,

Khordha. Pursuant thereto, on 15th April 2021, the Petitioner became the lottery winner and a license was issued to him to open the shop on 1st May, 2021. The period was up to 31st March, 2022. The Country Sprit Shop was to be located at Jatni Municipality.

4. W.P.(C) No.17509 of 2021 was filed by the previous licencee who could not win the lottery. The said writ petition was disposed of by this Court on 10th June, 2021 with the direction to the authorities to consider the said Petitioner's representation. The Superintendent on that very date directed the Petitioner not to open the shop.

5. According to the Petitioner, he made a request for shifting the OFF shop to a location over which there would be no controversy. Although, the Collector issued notice in Form VIII on 7th July, 2021 for the above purpose, the previous licensee filed W.P.(C) No. 20383 of 2021 by this Court challenging the said notice. In the said writ petition on 23rd July, 2021 this Court passed an order staying the notice for shifting the shop. That stay order continued till 5th January, 2022. As a result, the Petitioner could not operate the Country Liquor Shop at Jatni Municipality for the entire period of 1st May, 2021 to 31st March, 2022. Mr. G.M. Rath, learned counsel for the Petitioner, stated that the license was issued afresh in favour of the Petitioner only on 1st May, 2022 and that too for a Country Liquor Shop in a new location.

6. The factual position, therefore, is that during the entire period from 1st May, 2021 till 31st March, 2022 the Petitioner could not operate the Country Sprit Shop at Jatni Municipality. Therefore, there would be no justification for the Opposite Parties to raise any

demand for short lifting of MGQ for the aforementioned period against the Petitioner.

7. With the above declaration, the writ petition is disposed of. (Dr. S. Muralidhar) Chief Justice (M. S. Raman) Judge Laxmikant/Aks