CUTTACK: The Orissa High Court has dismissed a PIL challenging the opening of a retail Indian-made foreign liquor (IMFL) off shop in Puri, allegedly in close proximity to a temple, school and other public institutions, holding that objections raised after the statutory deadline cannot be entertained.
A two-judge bench of Chief Justice Harish Tandon and Justice Mruganka Sekhar Sahoo passed an identical order while dismissing another PIL challenging the opening of an IMFL off shop in Chikiti Notified Area Council in Ganjam district. The bench issued the separate orders on October 15, which were uploaded on October 18.
The petitioners in both cases had argued that the liquor outlet’s location violated provisions of the Odisha Excise Act, 2008, and the rules framed under it. They sought intervention to cancel the licence granted by the authorities for the shops.
However, the bench noted that the objections had been submitted to the authorities much after the licence was granted and the outlets opened. It examined the provisions of the Odisha Excise Rules, 2017, which lay down the procedure for inviting public objections before granting licences for retail liquor shops.
Referring to Rules 31 and 32, the HC said the collector must publish notices in Odia and English, allowing 15 days for objections, and announce the proposal locally through drum-beating or public address systems.
The bench observed that the provisions were designed to ensure that residents were informed in advance and had an opportunity to express their views on a proposed liquor outlet.