Allowed

Pralayaranjan Swain v. State of Odisha

Orissa HC22 Jul 2021WP(C)/1432/2021

Case brief

AI extract

What is this about?

The Orissa High Court allowed a writ petition challenging the requirement to replace solvency certificates with bank guarantees for excise licenses. Relying on a previous common judgment, the Court directed renewal using solvency certificates subject to other conditions.

What did the court decide?

Directed the State Government to renew the petitioner's excise license on production of the solvency certificate.

Pralayaranjan Swain Vs State of Odisha — Service and Employment | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1432 of 2021

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Pralyaranjan Swain and Another

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Petitioners

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Mr. Ramanath Acharya, Advocate

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-versus-

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State of Odisha and Others

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…. Opposite Parties Mr. D.K. Mohanty Additional Government Advocate

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CORAM: THE CHIEF JUSTICE JUSTICE B.P. ROUTRAY

ORDER

Order No.

22.07.2021

This matter is taken up by video conferencing mode.

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This writ petition has been filed challenging the letter No.2009 dated 30^th March, 2020 issued by the Additional Secretary to Government, Government of Odisha, Department of Excise to the Excise Commissioner, Odisha conveying that the Revenue and Disaster Management Department as per their order No.465 dated 2^nd January, 2020 has decided to phase out issue of solvency certificates by Revenue Authorities for grant or renewal of excise licenses. It therefore has insisted on producing Bank Guarantees in lieu thereof for renewal and issuance of license.

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A batch of similar writ petitions have been allowed by this Court by a common judgment in Gopinath Sahu v. State of Odisha along with a batch of writ petitions, reported in AIR 2020 Ori 150 .

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Page 1 of 2

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Since the issue involved in the present writ petition is squarely covered by the aforesaid common judgment in Gopinath Sahu (supra) , this writ petition is also allowed in terms of the said common judgment. The State Government and its authorities are directed to renew the license of the Petitioner on production of the solvency certificate, subject to fulfillment of other conditions.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798, dated 15^th

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April, 2021.
(Dr. S. Muralidhar)
Chief Justice
(B.P. Routray)
Judge

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S.K. Jena/P.A.

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Page 2 of 2

Pralayaranjan Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pralayaranjan Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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