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Orissa High CourtWP(C)/17168/2015disposed off

Samarendra Narendra v. State Of Orissa

2022-09-12Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) Nos.17168,11862,16430,17169 of 2015 1.

W.P(C) No.17168 of 2015 Samarendra Narendra ....

Petitioner Mr. Arun Kumar Patra, Advocate -versusState of Orissa and Others ....

Opp. Parties Mr. L. Samantaray, AGA 2.

W.P(C) No.11862 of 2015 Niranjan Das .... Petitioner Mr. Arun Kumar Patra, Advocate -VersusState of Orissa and Others .... Opp. Parties Mr. L. Samantaray, AGA 3.

W.P(C) No.16430 of 2015 Bibhuti Bhusan Pradhan ....

Petitioner Mr. Biraja Prasanna Das, Advocate -versusState of Orissa and Others ....

Opp. Parties Mr. L. Samantaray, AGA 4.

W.P(C) No.17169 of 2015 Brahmananda Biswal ....

Petitioner Mr. Arun Kumar Patra, Advocate -versusState of Orissa and Others ....

Opp. Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.

ORDER (Oral) 12.09.2022 04.

These matters are taken up through virtual/physical mode.

// 2 // 1.

The petitioners in all the above four Writ Petitions were licensees of their Beer Parlours for retail sale of Beer at different places of the State, as described in the Writ Petitions. They have laid challenge to Clause 4.2.2 of the Excise Policy for the Excise Year 2015-16, whereby it was directed that all Beer Parlours were to convert to IMFL 'ON' Shop (Hotel/Restaurants) with effect from 01.04.2015 or close their operations.

2.

At the time of hearing, learned counsel for the parties are agreed that the present Writ Petitions have become infructuous in view of the aforesaid offending Clause of the Excise Policy having already been struck down in a bunch of Writ Petitions with the lead case of W.P.(C) No.13328 of (Sanghamitra Dash Vs. State of Orissa), decided on 24th December, 2015.

3.

In view of the above, the Writ Petitions are dismissed as infructuous.

Registry is directed to attach the photocopy of this order in all the connected cases.

(Jaswant Singh) Judge (M.S. Raman) Judge AKK 12th September, 2022 Cuttack