Tapaswini Behera v. State of Odisha & Ors.
Case at a glance
Provisions considered
- Odisha Excise Act, 2008 s. 20
Key paragraphs
- Para 77. With the aforesaid observations and direction, the writ petition along with pending Interlocutory Application(s), if any, stand disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge MRS/Laxmikant
Judgment
Opposite Parties Ms. Aishwarya Dash, Addl. Standing Counsel CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 16.04.2026
The present petitioner beseeching grant of following relief(s) has filed the instant writ petition:
The petitioner, therefore, prays that this Hon’ble Court may be graciously pleased to admit the writ application issue a Rule NISI calling upon the Opp. Parties to show cause as to why direction shall not be issued to consider the representation dated 02.03.2026 as given under Annexure-7 and if the Opp. Parties fail to show cause and/or show insufficient cause the said rule be made absolute directing the Opp. Party No.3 to consider the same within time stipulated as the period is going to be expired on 31.03.2026; And pass any other order/orders, direction/directions as may be deemed fit and proper; And for such act of kindness the petitioner as in duty bound shall ever pray.
It is the case of the petitioner that pursuant to Letter No.1754 dated 19th June, 2025 issued by the Collector and District Magistrate, Ganjam (Excise Section)-opposite party No.3 inviting application for settlement of exclusive privilege for establishment of India Made Foreign Liquor “OFF” Shops through lottery for the remaining period of the year 2025-26 (upto 31st March, 2026) in the district of Ganjam Excise District in pursuance of order issued under Section 20 of the Odisha Excise Act, 2008 read with Rule-34 of the Odisha Excise Rules, 2017, she participated in the lottery by depositing requisite fees and was selected and granted license to open and run the IMFL OFF Shop, Chirikipada Sasan under Narsinghpalli Gram Panchayat on 2nd July, 2025.
2.1. After obtaining license, a Manual License bearing No.12/2019/2021 was issued in favour of the petitioner on 1st August, 2025 on certain terms and conditions and monthly consideration money was fixed at Rs.78,100/-.
2.2. Online license for Chirikipada IMFL Off Shop could not be on account of technical glitches. The Superintendent of Excise, Ganjam-opposite party No.4 issued letter No.2514/Ex. Dated 11th September, 2025 giving clearance to open Chirikipada Sasan IMFL OFF Shop over Plot No.1328/1821/1386, Khata No.186/90 of Mouza: Narsinghapalli under Chirikipada Gram Panchayat and directed the OIC, Kabisurya Nagar Excise Station, Ganjam to intimate the Licensee-petitioner in this regard.
2.
As the Shop could not be opened due to procedural formalities at the end of the Department, the petitioner made a representation on 2nd March, 2026 to the Collector and District Magistrate, Ganjam, opposite party No.3 to exempt her from payment of fees from 7th July, 2025 to 11th September, 2025 and to give statement in respect of purchase and sale of MGQ for the said period.
3. Sri Jagannath Bhuyan, learned counsel submitted that the representation dated 2nd March, 2026 is still pending consideration by the Collector and District Magistrate, Ganjam-opposite party No.3 and mandamus be issued to the said authority to consider and dispose of the same within a stipulated period.
It is conceded by Ms. Aishwarya Dash, learned Additional Standing Counsel appearing for the opposite parties that the concerned Authority has no objection for such a prayer of the petitioner for consideration of the representation stated to have been made on 2nd March, 2026, if the same is still pending.
Considered the aforesaid submissions of the learned counsel for the respective parties. Since the representation of the petitioner is stated to be pending before the Collector and District Magistrate, Ganjam-opposite party No.3, it is directed that the Collector and District Magistrate, Ganjam-opposite party No.3 shall consider and dispose of said representation within a period of three weeks from the date of receipt of copy of this order.
As an abundant caution, it is clarified that nothing stated above on facts be construed as an expression of any opinion of this Court on the merit of the matter. The Collector and District Magistrate, Ganjam-opposite party No.3 is free to take independent decision on the merit of the matter on the basis of the material placed on record before him by the petitioner.
With the aforesaid observations and direction, the writ petition along with pending Interlocutory Application(s), if any, stand disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge MRS/Laxmikant
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.