Debarchan Bhainsa vs State Of Odisha And Others

By the impugned order of the learned Single Judge, the writ petition was summarily dismissed on the very first date.

It is pointed out that the Appellant was in fact the landlord in respect of the shop in which an IMFL 'OFF' Shop was being operated. It appears that the shop was sealed due to non-payment of the MGQ by the tenant.

Learned counsel for the Appellant points out that for the default of the tenant the landlord cannot be made to suffer and this was the point being urged in the writ petition.

The learned Single Judge proceeded on the basis that it was sealed for "illegal transaction of liquor" and that, there was also "a criminal proceeding involving such house." It is pointed out that there was no such criminal proceedings involving the house.

Mr. Debakanta Mohanty, learned Additional Government Advocate hazards a guess that probably the criminal proceeding involved the licensee of the shop.

Be that as it may, the Court is of the view that all of the above aspects were required to be examined by the learned Single Judge and that the petition required a detailed examination after pleadings were complete.

For the aforementioned reasons, the impugned order dated 23rd June, 2021 passed by the learned Single Judge in W.P.(C) No.14820 of 2021 is hereby set aside and the writ petition is restored to the file of the learned Single Judge. It will be listed for direction before the learned Single Judge on 3rd January, 2022.

In the meanwhile, on or before 20th December, 2021 the Opposite Parties (Respondent Nos.2 and 3) i.e. Superintendent of Excise and Inspector of Excise shall file their parawise reply to the writ petition and the rejoinder affidavit thereto should be filed before 3rd January, 2022. No further time will be granted for the said purposes.

The learned Single Judge is requested to dispose of the writ petition within a period of four months thereafter.

The writ appeal is disposed of in the above terms.

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