WP(C)/24875/2026 of DEEPAK KUMAR DAS ADHIKARY Vs STATE OF ODISHA on 27 August 2026

ORDER

27.08.2026

01.

1. Heard learned counsel for both the parties.

2. By means of this application, the Petitioner is seeking renewal of the licence without insisting upon the Fire Safety Certificate/Fire NOC. The Petitioner, holding an IMFL “ON” Restaurant Shop Licence for Hotel Swad Mehak, applied for renewal for the year 2026-27 and deposited the prescribed fees. However, Opposite Party No.4 granted the licence only up to 25.08.2026, subject to obtaining a Fire Safety Certificate/Fire NOC.

3. Learned counsel for the Petitioner contends that this Court, vide order dated 27.07.2026 in W.P.(C) No.17811 of 2026, quashed the letter dated 12.12.2025 requiring such certificate/NOC, holding the requirement to be unwarranted and beyond the scope of the Excise Act and Rules. It is further contended that, subsequently,

Opposite Party No.1 amended Rule 51(2)(j) of the 2026 Rules by notification dated 17.07.2026, requiring submission of a Fire Safety Certificate.

4. We are not unmindful of the importance of maintaining adequate fire-safety measures in establishments where members of the public congregate. At the same time, the authorities are required to act within the four corners of the statutory provisions and cannot impose a condition which has no foundation in the statute or the rules framed thereunder.

5. The requirement of a Fire Safety Certificate under the Odisha Fire Prevention and Fire Safety Rules, 2017, is attracted to the classes of premises falling within Rule 9 and the corresponding requirements under Rules 11 and 13. The Petitioner asserts, and the materials on record indicate, that the building in question is a pre- 2017 construction, having a height of less than 12 metres and a built- up area of less than 500 square metres. The Petitioner is, therefore, not shown to fall within the statutory parameters merely by reason of holding an IMFL “ON” Shop licence.

6. In this context, the decision of this Court in W.P.(C) No.17811 of 2026 assumes significance. In that case, while considering the very same blanket direction issued by the Excise authorities requiring IMFL “ON” Shop units to obtain Fire Safety Certificates/NOCs, this Court held that such a requirement could not be imposed dehors the statutory parameters prescribed under the Fire Safety Rules.

7. We are, therefore, of the considered view that the impugned communication vide Annexure-1 cannot be sustained insofar as it seeks to impose a blanket requirement of Fire Safety Certificate/NOC

upon all IMFL “ON” Shop licensees, and are hereby quashed and set aside.

8. It is, however, made clear that this order shall not prevent the competent authority from requiring the Petitioner to comply with any fire-safety requirement which is otherwise attracted to his premises under the applicable statutory provisions or which may arise upon the Petitioner seeking any permission for an activity for which such compliance is specifically prescribed.

9. The writ petition is, accordingly, disposed of.

(Harish Tandon) Chief Justice

(Chittaranjan Dash) Judge

Bijay/ Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Aug-2026 11:37:28 Signature Not Verified