Kataka: The Orissa High Court has dismissed a public interest litigation (PIL) seeking closure of a liquor shop in the Chikiti NAC area of Ganjam district, holding that objections filed after the prescribed deadline are liable to be rejected under the Odisha Excise Rules.
A division bench comprising Chief Justice Harish Tandon and Justice Mruganka Shekhar Sahu passed the order while hearing the petition challenging the opening of the liquor shop.
The court observed that Rules 31 and 32 of the Odisha Excise Rules provide for inviting objections and complaints before granting permission to open a liquor shop. Once the prescribed period expires and the required procedure is completed, subsequent objections cannot be entertained in violation of Rule 33, it said.
According to the case details, the authorities had issued a public notice inviting objections to the proposed liquor shop within the stipulated timeframe. After the deadline passed, the prescribed procedure was followed, and a licence for the sale of foreign liquor was granted. The shop was subsequently opened.
An objection was later raised on the grounds that the liquor shop was located near a temple and a school, with the petitioner seeking its closure.
However, the High Court held that objections submitted beyond the prescribed time limit were liable to be rejected under Rule 33. It further observed that when the statutory procedure under Rules 31 and 32 had been duly followed, the court could not direct the authorities to act contrary to the law or deviate from the prescribed legal framework.
The bench accordingly dismissed the PIL seeking closure of the liquor shop.
Additional Government Advocate Debashish Tripathy appeared on behalf of the state government.
