M.M. SARASWATI SISHU VIDYA MANDIR Vs. STATE OF ODISHA
LAWS(ORI)-2020-2-9
HIGH COURT OF ORISSA
Decided on February 24,2020

M.M. Saraswati Sishu Vidya Mandir Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners as well as learned Addl. Government Advocate for the State.
(2.) This writ petition under Article 226 of the Constitution of India is in the nature of a Public Interest Litigation in which prayer has been made to direct the opposite parties to cancel the license granted in favour of opposite party no.5 Gayatri Das to open IMFL 'ON' liquor shop on Plot No.2190/2460/2977/5092/2190/2975 of Khata No.776/ 2768 in Mouza-Matha Sahi under Bhadrak Municipality.
(3.) It is the case of the petitioners that they are the representatives of the villagers of Matha Sahi and on 28.11.2017 opposite party no.5 applied for grant of license to open a new IMFL 'ON' liquor shop at Hotel Florence under Bhadrak Municipality in Ward No.6. Pursuant to the application, the Inspector of Excise, Bhadrak Range inquired the matter and it revealed that the proposed building for the liquor shop violates Rule 26 of the Odisha Excise Rules, 2017. The inquiry further disclosed that the proposed site is at a distance of 103 mtrs. away from Dream India School, 330 mtrs. from Presidency College, 380 mtrs. from State Highway, 550 mtrs. from National Highway and 514 mtrs. of NH service lane. Besides such report, the Inspector added that the violation might be relaxed by the State Government under Special Circumstances. The Collector, Bhadrak invited objection from the public vide notice dated 11.01.2018 regarding the opening of liquor shop by the opposite party no.5 and after inquiring the objections, the Inspector on 07.02.2018 reported that Saraswati Sishu Mandir is at the back side of proposed shop and such shop had been constructed as per planning with approval of Town Planning Authorities as some local people demanded for opening of the proposed shop. The Inspector of Excise vide Annexure-2 reported that the proposed building plan violates the rules but vide Annexure-3 reported that the proposed shop building had been constructed as per planning with approval of Town Planning Authorities but in the report suggested that the State Government can relax the violation by treating the case as Special Circumstance. When thousands of people protested, the Inquiring Inspector submitted the opinion of two persons demanding opening of proposed shop. Such a conduct of the Inspector, according to the petitioners reveals the malafide intention and overlooking all these, the Government granted license to the opposite party no.5 to open the liquor shop at the objectionable site.;


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