Orissa High Court
Sujata Das vs State Of Odisha & Others ..... Opposite ... on 18 April, 2023
Bench: B.R. Sarangi, M.S.Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11989 of 2023
Sujata Das ..... Petitioner
Mr. Prafulla Kumar Rath, Advocate
Vs.
State of Odisha & others ..... Opposite Parties
Mr. A.K. Parija , Advocate General, Odisha
along with Mr. L. Samantaray, AGA and
Mr. D. Mohanty, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE M.S.RAMAN
ORDER
18.04.2023 Order No. This matter is taken up through hybrid mode.
01.
2. Heard.
3. The petitioner has filed this writ petition seeking direction for renewal of license and for granting permission to carry forward and utilize the shortfall MGQ of the years 2021-22 and 2022-23 in the excise year 2023-24.
4. It is not in dispute that the license was granted to the petitioner on yearly renewal basis and the said license has not been renewed due to non-utilization of MGQ granted, and that due to COVID-19 Pandemic, the petitioner-licensee was not able to consume the same. If the license of the petitioner is not renewed, it is observed that the State will lose revenue.
5. Mr. A.K. Parija, learned Advocate General of Odisha made a statement before this Court that let the license of the petitioner be renewed, subject to payment of licence fee as well as other statutory dues, so that the petitioner will be able to operate the Page 1 of 2 shop and the State will earn the revenue, and so far as shortfall MGQ of the years 2021-22 and 2022-23 is concerned, the same be spread over to one year (2023-24) and not beyond that, to which learned counsel for the petitioner has agreed.
6. In view of such position, this Court disposes of the writ petition permitting the petitioner to deposit the requisite fees, along with statutory dues for running the shop on renewal thereof and whatever shortfall MGQ are there for the previous years 2021- 22 and 2022-23, the same shall be spread over for the excise year 2023-24 along with the MGQ of the current year. It is, however, made clear that no other prayer of the petitioner shall be considered either by this forum or any other forum.
7. Issue urgent certified copy as per rules.
(DR. B.R. SARANGI) JUDGE (M.S. RAMAN) JUDGE MRS Page 2 of 2