LAXMI CHARAN PATRA, AGED ABOUT 32 YEARS, S/O. SHYAM SUNDAR PATRA, AT: JIURA, VIA: PATTAPUR, P.O. GANGAPUR, P.S. PATTAPUR, DIST: GANJAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash the notice dated 17.11.2011 (Annexure -6) issued by opposite party No.3 -Collector, Ganjam for settlement of an IMFL 'OFF Shop at Singipur through lottery. Further prayer of the petitioners is for issuance of a direction to close down the opening of IMFL 'OFF Shop in that locality.

(2.) THE petitioners case in a nutshell is that opposite parties -authorities are processing to open a new IMFL 'OFF Shop at Singipur under Pattapur Police Station and Digapahandi Excise Charge of Ganjam District through lottery for the remaining period of 2011 -12 in gross violation of the statutory provisions of law and completely ignoring the objections raised by the local inhabitants of Singipur, Sarpanch and Chairman of the concerned area. According to the petitioners, Singipur is a very small village in the rural underdeveloped pocket of Ganjam District with majority of people belonging to BPL category, S.C. Community and labour class.

(3.) PETITIONER No.1, who is a peoples representative also filed an objection before the Collector to drop the proposal for opening of IMFL 'OFF Shop in the interest of public at large as Singipur village is predominated by BPL Category, S.C. Community, Labour class, who are socially, economically and educationally backward and that there is neither feasibility nor ascertained demand for any such article. Pursuant to the said objections, the Inspector, Excise, Chikiti made an inquiry into the matter and in his report submitted that neither the Sarpanch nor the people of the locality wants opening of the proposed shop in their village. In his report, he also referred to a news item dated 13.07.2011 in the Odia daily newspaper "Dharitri" wherein the public resentment against the proposal was published.