Orissa High Court
Unknown vs The State Of Maharashtra And Others ... on 27 September, 2019
W.P.(C) No.18278 of 2019
02. 27.09.2019 Heard the proprietor of the petitioner in person.
2. By way of this writ petition, the petitioner has
prayed for issuance of a direction to opposite party no.2 to
grant license/permission to organize musical or dance
programme or Orchestra by engaging women artist and use
of loud speaker inside license premises of Prince Bar &
Restaurant ON shop at Laxmisagar Chhack, Cuttack Road,
Bhubaneswar pursuant to its application dated 24.11.2017
under Annexure-3 as per Rule 44 (4) Proviso and (5) (a) &
(d) of the Odisha Excise Rules, 2017.
3. The petitioner has placed reliance on judgment of
the Hon'ble Supreme Court in the case of Indian Hotel
and Restaurant Association (AHAR) and another -
Versus- The State of Maharashtra and others [Writ
Petition (Civil) No.576 of 2016 disposed of on 17th January,
2019].
4. In course of hearing, prayer is made for a
direction to opposite party No.2 for consideration of such
application of the petitioner. Further, it is submitted that
since the identical matter i.e. W.P.(C) No.10141 of 2018 has
already been decided by this Court on 30.07.2019, this writ
petition may be disposed of in terms of order dated
30.07.2019 passed by this Court in W.P.(C) No.10141 of
2018.
5. In our considered opinion, in view of the Excise
Rules in vogue in the State of Odisha and the decision of
the Hon'ble Supreme Court in the case referred to supra,
the application of the petitioner shall be considered and
disposed of as expeditiously as possible, preferably within a
-2-
period of four weeks from the date of production of certified
copy of this order before the competent authority.
6. The writ petition is disposed of with the
observation and direction as aforesaid.
All the connected Misc. Cases/I.As, if any are
accordingly disposed of.
Urgent certified copy of this order be granted as
per Rules.
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( K.S. Jhaveri ) Chief Justice ................................ (K.R. Mohapatra) Judge SKG