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Alekh Sahoo Vs State of Orissa — Orissa HC (2024) — LawSathi Research

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Orissa HC
2024
Alekh Sahoo Vs State of OrissaAlekh Sahoo v. State of Orissa

Disposed¶23

Alekh Sahoo v. State of Orissa

Orissa HC8 Nov 2024WP(C)/17036/2024

Case brief

AI extract

What is this about?

Alekh Sahoo v. State of Orissa; W.P.(C) 17036 of 2024; High Court of Orissa at Cuttack; order dated 08.11.2024; retagging of excise retailers; Cuttack Municipal Corporation (CMC) area; Nirgundi depot versus Chhatabar depot; Excise Commissioner permission letter dated 27.06.2024; Joint Excise Commissioner (Policy); Superintendent of Excise, Cuttack; parity on convenience; licensee reversion to Nirgundi depot; storage capacity; consideration of representation Annexure-3 within three weeks; related case Kanak Kumar Jena v. State of Odisha, W.P.(C) 16332 of 2024; writ petition disposed of with direction.

What did the court decide?

Direction to opposite party no.2 to consider and deal with the undated representation at Annexure-3 and inform the petitioner of the result within three weeks from the date of communication; no substantive relief granted on the retagging/parity claim.

Why is it important?

The court directed opposite party no.2 to consider and deal with the petitioner's undated representation at Annexure-3 and to inform the petitioner of the result thereof within three weeks from the date of communication. ¶21

What the court decided

AI extract

Outcome

Direction to opposite party no.2 to consider and deal with the undated representation at Annexure-3 and inform the petitioner of the result within three weeks from the date of communication; no substantive relief granted on the retagging/parity claim.

Issue for consideration

Whether the court should interfere with the retagging of excise retailers (including the petitioner) from the Nirgundi depot to the newly opened Chhatabar depot, the petitioner relying on parity with a licensee who obtained reversion to the nearer Nirgundi depot.

Court's answer

The court directed opposite party no.2 to consider and deal with the petitioner's undated representation at Annexure-3 and to inform the petitioner of the result thereof within three weeks from the date of communication.

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No. 17036 of 2024, High Court of Orissa at Cuttack, order dated 08.11.2024) disposed of by directing opposite party no.2 to consider and deal with the petitioner's undated representation (Annexure-3) and inform him of the result within three weeks. Petitioner had challenged the retagging of excise retailers of the Cuttack Municipal Corporation area from the Nirgundi depot to the newly opened Chhatabar depot with effect from 1st April, 2024 pursuant to permission accorded by the Excise Commissioner (letter dated 27th June, 2024), urging parity with a licensee who obtained reversion back to the Nirgundi depot on grounds of convenience. State counsel relied on the counter in W.P.(C) no.16332 of 2024 (Kanak Kumar Jena v. State of Odisha and others) stating the Chhatabar depot was established owing to lack of storage capacity at Nirgundi.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 17036 of 2024

Alekh Sahoo

..... Petitioner

Represented by Adv.Mr. A. K. Patra, Advocate Mr. B. Shadangi, Advocate -versus-

State of Orissa & others

..... Opp. Parties Represented by Adv.Mr. S. Nayak, ASC

CORAM:

THE HON'BLE MR. JUSTICE ARINDAM SINHA

AND

THE HON'BLE MR. JUSTICE M.S.SAHOO

ORDER

08.11.2024

Order No.

01. 1. Mr. Patra, learned advocate appears on behalf of petitioner

and submits, his client was served with impugned letter dated 27^th June, 2024 saying that the Excise Commissioner had been pleased to accord permission for retagging all excise retailers of, inter alia, Cuttack Municipal Corporation (CMC) area with newly opened depot at Chhatabar with effect from 1^st April, 2024.

Page 1 of 3

2. He relies on communication dated 27^th June, 2024 made by the Joint Excise Commissioner (Policy) to Superintendent of Excise, Cuttack in according permission to a Cuttack retailer to continue to remain tagged for lifting stock from Nirgundi depot. He submits, Nirgundi depot is much nearer to Cuttack than the depot at Chhatabar. He seeks interference for appropriate direction.

3. Mr. Nayak, learned advocate, Additional Standing Counsel appears on behalf of State. He submits, petitioner had made representation. There be direction for consideration thereon. He then refers to counter filed in W.P.(C) no.16332 of 2024 (Kanak Kumar Jena v. State of Odisha and others) to submit, new depot at Chhatabar has been established as earlier depot at Nirgundi had lack of storage capacity.

4. It may be that for administrative reason there was retagging but subsequently a licensee obtained order of reversion, back to Nirgundi depot. Petitioner is urging parity on convenience.

5. We think fit to direct opposite party no.2 to consider and deal with undated representation at Annexure-3 and inform petitioner result thereof within three weeks from date of communication.

Page 2 of 3

6. The writ petition is disposed of.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge

dutta

Signature Not Verified

Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 11-Nov-2024 20:03:02

Page 3 of 3

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the court should interfere with the retagging of excise retailers (including the petitioner) from the Nirgundi depot to the newly opened Chhatabar depot, the petitioner relying on parity with a licensee who obtained reversion to the nearer Nirgundi depot.medium confidence¶18
The court held
The court directed opposite party no.2 to consider and deal with the petitioner's undated representation at Annexure-3 and to inform the petitioner of the result thereof within three weeks from the date of communication.ratio¶21

Cases cited

Colour shows how this judgement treated each authority

AI extract

Kanak Kumar Jena v. State of Odisha and othersReferred¶19
W.P.(C) no.16332 of 2024 (Kanak Kumar Jena v. State of Odisha and others)

Procedural history

How this case reached the court

AI extract

Order under challenge
Letter dated 27th June, 2024 served on petitioner stating that the Excise Commissioner had accorded permission for retagging all excise retailers of, inter alia, Cuttack Municipal Corporation (CMC) area with the newly opened depot at Chhatabar with effect from 1st April, 2024.¶16
Excise Commissioner · 27th June, 2024
Prior proceeding
Petitioner had made a representation (undated, at Annexure-3); State counsel submitted there be direction for its consideration.¶19
Prior proceeding
State counsel referred to the counter filed in W.P.(C) no.16332 of 2024 (Kanak Kumar Jena v. State of Odisha and others), submitting that the new depot at Chhatabar was established because the earlier depot at Nirgundi lacked storage capacity.¶19
Prior proceeding
After the retagging, a licensee obtained an order of reversion back to the Nirgundi depot; petitioner urges parity on grounds of convenience.¶20

Parties & counsel

AI extract

petitioner
Alekh Sahoo¶3
A. K. Patra, B. Shadangi
respondent
State of Orissa & others¶6
S. Nayak

Coram

AI extract

Arindam Sinhamember¶9
M.S. Sahoomember¶11

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 8 Nov 2024 · November
Registered: 15 Jul 2024
Case no.: WP(C)/17036/2024
CNR: ODHC010483052024
Bench: Arindam Sinha M.s.sahoo
Disposal: Disposed Off
Case type: W.P.(C)

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Cite this judgement

Alekh Sahoo v. State of Orissa, WP(C)/17036/2024 (OD), decided on 8 November 2024.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Kanak Kumar Jena v. State of Odisha and othersReferred¶19

Open Authorities

Procedural history4

Letter dated 27th June, 2024 served on petitioner stating that the Excise Commissioner had accorded permission for retagging all excise retailers of, inter alia, Cuttack Municipal Corporation (CMC) area with the newly opened depot at Chhatabar with effect from 1st April, 2024.Excise Commissioner · 27th June, 2024
Petitioner had made a representation (undated, at Annexure-3); State counsel submitted there be direction for its consideration.
State counsel referred to the counter filed in W.P.(C) no.16332 of 2024 (Kanak Kumar Jena v. State of Odisha and others), submitting that the new depot at Chhatabar was established because the earlier depot at Nirgundi lacked storage capacity.

View full history

Bench / Coram

Arindam Sinha and M.S. Sahoo

Parties & counsel