Judgment:
W.P.(C) No.15166 of 2013 Present : Ms Jaydeep Pal, Advocate for the petitioneRs.Mr D.
Panda, Addl.
Govt.
Advocate.
04.
11.02.2014 This petition seeks quashing of letter dated 7.6.2013 (Annexure-18) Commissioner, Odisha to issued the by the Collector, Excise Sundargarh directing re-location of IMFL Off Shop from Jarda village to Tuniapali village.
The petitioners belong to Tuniapali village and rely upon order of the Collector dated 15.3.2013 (Annexure-17) holding that if the licencee at Jarda village is No.to run the shop at Jarda, that was no ground to shift the same to Tuniapali village without considering the objections of the said villageRs.The Commissioner observed that continuing of IMFL Off Shop at Jarda village was objected to and, therefore, it was No.being recommended to continue the same at Jarda village after the year 2013-14.
In view of the objection of Jarda Gram Panchayat under Section 26(A) of the Bihar and Odisha Excise Act, 1915, the shop may be shifted to Tuniapali village.
Contention raised on behalf of the petitioners is that merely because there was objection at Jarda Gram Panchayat, the shop could No.be shifted to Tuniapali village, ignoring the objection of the petitioneRs.The same can be shifted to any other place outside Jarda Gram Panchayat.
Tuniapali village is 50 KMs.Away from Jarda village.
-2- We have perused the impugned order, which is mainly based on the consideration that, as per the report of the Collector, there was objection to the location of the shop at Jarda village.
There is, however, no consideration of objection of the petitioners against location of the shop at Tuniapali village.
In these circumstances, opp.
party no.3- Commissioner of Excise, Orissa, may pass fresh order, after considering the objection of the petitioneRs.in accordance with law, within one month from the date of receipt of a copy of this order.
The petition is disposed of.
Free copy of this order be supplied to the learned Addl.
Govt.
Advocate for compliance.
……......……………… A.K.Goel, C.J.pcp ……………………….Dr.
A.K.Rath, J.