M/S Laxmi Narayan Man Mohan Lal Vs State of Orissa — Orissa HC (2024) — LawSathi Research

M/S Laxmi Narayan Man Mohan Lal Vs State of Orissa — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned office order dated 8th October, 2024 set aside; petitioner permitted to run the licenced shops till 6th January, 2025 on undertaking to locate alternative site(s) and apply for shifting (failing which to close); the Government, having collected licence fees upto March, 2025, to act accordingly on any application for shifting.

Issue for consideration

Whether the application, which in substance seeks modification of the order dated 4th October, 2024 disposing of petitioner's earlier writ petition (made by a Bench on which only Arindam Sinha, J. was party), must be dealt with by that Bench — the preliminary objection raised by the State. +1 more

Court's answer

The preliminary objection is disposed of, the Court considering that the prayer in the petition is for interference with, inter alia, the office order dated 8th October, 2024.

Ratio / Principle

The impugned office order dated 8th October, 2024 is set aside and petitioner is to be allowed to run the licenced shops till 6th January, 2025.

Key takeaways

The direction is made on the basis of the undertaking tendered on behalf of petitioner that, within the extended time, if petitioner is able to locate alternative site(s), it will apply for shifting.ratio¶5
Since the Government has already collected licence fees upto March, 2025, if petitioner applies for shifting within the extended time, the Government must then act accordingly.ratio¶5

Detailed headnote1 paragraphs

Writ petition disposed of. Petitioner, holder of a licence (fee paid) to run an Out Still liquor shop for April, 2024 to March, 2025, whose operations were stopped in July, 2024 pending a new policy dated 30.08.2024 disallowing such shops on Government land, had been permitted by order dated 04.10.2024 in earlier W.P.(C) No. 19228 of 2024 to operate upto 26.10.2024 subject to timely application for shifting; office order dated 08.10.2024 thereupon closed the shop. Disposing of the State's preliminary objection that the matter belonged to the Bench which passed the order dated 04.10.2024 (on which only Arindam Sinha, J. was party, whereas the present prayer targets the office order dated 08.10.2024), the Division Bench (Arindam Sinha and M.S. Sahoo, JJ.) set aside the impugned office order dated 08.10.2024 and allowed petitioner to run the licenced shops till 06.01.2025, on its undertaking to locate alternative site(s) and apply for shifting or else close down; the Government, having collected licence fees upto March, 2025, was to act accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 27126 of 2024

M/s Laxmi Narayan Man Mohan

..... Petitioner

Lal

Represented by Adv.Mr. A.K.Patra, Advocate

-versus-

State of Orissa and Others

.....

Opp. Parties

Represented by Adv.Mr. U . C.Behura, AGA

CORAM:

THE HON'BLE MR. JUSTICE ARINDAM SINHA

AND

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

ORDER

06.11.2024

Order No.

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

and submits, his client paid and obtained licence to run Out Still liquor shop from the Government on payment of licence fee for period April, 2024 to March, 2025. In July, 2024 operation of the licenced shops was stopped pending formulation of new policy. Then there was new policy dated 30^th August, 2024, inter alia, to not allow such shops to operate on Government land. His client

had by earlier writ petition W.P.(C) no. 19228 of 2024 moved this

Court and sought some time to shift. Upon submission made on

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behalf of his client that application for alternate site would be submitted by 26^th October, 2024, the writ petition was disposed of on order dated 4^th October, 2024 giving time limit for operation of existing shop upto 26^th October, 2024 and beyond, in event his client applied for shifting on or prior to that date.

2 . He submits, accordingly office order dated 8^th October, 2024 was issued and his client’s shop closed on and after 26^th October, 2024. His client could not locate alternate site in the meantime. He undertakes on behalf of his client that on two months extension granted, his client will either find alternative site to shift or close down the existing shops. He reiterates, it is the Government who collected advance licence fees for period upto March, 2025, executed lease and thereafter changed the conditions, putting his client to hardship.

3. Mr. Behura, learned advocate, Additional Government Advocate appears on behalf of State and submits, petitioner is in effect seeking modification of said order dated 4^th October, 2024 disposing of his earlier writ petition. It was made by the Bench, where only one of us (Arindam Sinha, J.) was party. As such, the application must be dealt with by that Bench.

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4 . We dispose of the preliminary objection considering prayer in the petition is for interference with, inter alia, office order dated 8^th October, 2024.

5 . In view of the facts and circumstances in which petitioner has been placed, we set aside impugned office order dated 8^th October, 2024 and direct that petitioner is to be allowed to run the licenced shops till 6^th January, 2025. We make this direction based on undertaking tendered on behalf of petitioner. If within that time petitioner is able to locate alternative site(s) he will apply for shifting and the Government having had already collected licence fees upto March, 2025, must then act accordingly.

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: 06-Nov-2024 17:55:37

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