CUTTACK: The Orissa High Court has struck down an order issued by the Kendrapara collector on April 8, 2025, directing relocation of an IMFL ‘ON’ shop on basis of objections raised by an SHG Mahila Committee at Chandibaunsamul gram panchayat.
The petition filed by the licence-holder challenged the letter which followed an ultimatum given by the Mahila Committee to the district administration, threatening action if the shop was not shifted within one month.
While disposing of the petition recently, the division bench comprising Chief Justice Harish Tandon and Justice MS Raman observed that the central question is “whether such objection can be entertained subsequent to the grant of licence/renewal of licence by the authority”. It reviewed the statutory scheme under the Odisha Excise Act, 2008, and the rules framed thereunder - the Odisha Excise Rules, 2017.
The bench noted that Rule 31 requires the authorities, when considering an application for grant of IMFL ‘ON’ shop licence, to affix a public notice (in Odia and English) in Form-VIII and cause proclamation within the locality and objections must be filed within 15 days thereof.
The Rule 32 further mandates that the head of the local body cause a copy of the extract to be affixed on the notice board for seven days. The court found that in this case, the collector directed shifting of the shop solely on basis of an objection filed after the statutory notice period, thereby contravening the prohibition under sub-rule (2) of Rule 33.
As a result, the court quashed and set aside the impugned notice of April 8 2025, and directed the authorities to pass fresh orders in light of the judgment’s observations.