Case Law Details
Galaxy Bar and Restaurant Vs State of Odisha and others (Orissa High Court)
Aggrieved by the non-grant of a licence for an IMFL Restaurant ON Shop under the name and style as ‘Galaxy Bar and Restaurant at Nayagarh’, the Petitioner has filed the present writ petition seeking a direction to the Opposite Parties to process the Petitioner’s application and grant the licence.
2. This Court has heard the submissions of Mr. R.P. Kar, learned counsel appearing for the Petitioner and Mr. Debkanata Mohanty, learned AGA for the Opposite Parties-State.
3. It is seen from the narration of events in the petition and the date chart submitted that the application by the Petitioner for the Restaurant ON Shop licence was filed way back on 5th April 2022. The Petitioner is stated to have responded to various queries and also provided clarifications. This was followed by an enquiry into the objections raised. The Inspector of Excise, Sadar, Nayagarh submitted a report on 4th June 2022 to Opposite Party No.5 i.e., the Superintendent of Excise, Nayagarh stating that none of the objections were valid. This included the objections received from the Chairperson of the Nayagarh Municipality. Accordingly, the Superintendent of Excise on 6th June 2022 itself made a recommendation to the Collector, Nayagarh that the Petitioner’s application should be granted.
3. However, another high level joint enquiry was launched by the Commissioner of Excise on 13th July 2022 and yet another enquiry on 5th November, 2022. All these enquiries went in favour of the Petitioner with the Excise Deputy Commissioner informing the Department that the building in which the restaurant was being run is in a commercial area.
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