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Orissa High CourtWP(C)/40676/2021disposed off

Anish Narayan v. State Of Odisha

2022-03-11Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 40676 of 2021 Sri Anish Narayan ....

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

Opposite Parties Mr. L. Samantaray, AGA & Mr. Rajjet Roy, Advocate

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN

ORDER

11.03.2022 Order No.

04.

1.

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

In the writ petition, the Petitioner challenged the inaction on the part of the Excise Authorities, particularly the Excise Commissioner as well as the Collector (Opposite Party No. 2&3 respectively), who have not considered the objection of the Petitioner raised against grant of "ON" shop license in favour of Opposite Party No. 5 namely Smt. Sunita Senapati adjacent to the Petitioner's "OFF" shop.

3.

Vide order dated 25th January, 2022, while issuing notice to the Opposite Parties, this Court recorded the contention of the Petitioner which is as follows:- "It is contended that in spite of the statutory provisions prohibiting opening of another retail IMFL shop in the vicinity, the Excise Authorities have granted approval for P.T.O.

// 2 // opening of retail IMFL shop just next to the approved premises of the Petitioner"

4.

On 8th March, 2022, the Petitioner filed a petition being I.A. No. 3233 of 2022 seeking permission to withdraw the writ petition to pursue the matter with appropriate authority. 5.

Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for.

(Jaswant Singh) (M.S.Raman) Judge Judge Laxmikant March 11th , 2022 Cuttack