Orissa High Court
WP(C)/22212/2026 of L. PRATAP CHANDRA SAHU Vs STATE OF ODISHA on 13 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.22212 of 2026 CNR No. ODHC010510812026 L. Pratap Chandra Sahu …. Petitioner Represented by Adv. A.K. Patra, Advocate -Versus- State of Odisha and others …. Opp. Parties Represented by Adv. Mr. S.K. Swain, AGA CORAM: HON’BLE
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.22212 of 2026
CNR No. ODHC010510812026
L. Pratap Chandra Sahu
….
Petitioner
Represented by Adv.
A.K. Patra, Advocate
-Versus-
State of Odisha and others
….
Opp. Parties
Represented by Adv.
Mr. S.K. Swain, AGA
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
13.08.2026
01.
1. Mr. Patra, learned advocate appears on behalf of the Petitioner and submits that the present writ petition is a sequel to the Petitioner’s earlier writ petition, being W.P.(C) No.26203 of 2024, disposed of on 23rd October, 2024. By the said order, this Court had set aside the order dated 30th September, 2024 passed by the Superintendent of Excise, Berhampur and had directed the Petitioner to communicate the said order along with his representation dated 17th April, 2024 to opposite party no.1, who was ascertained to be the proper authority to take a decision on the representation.
2. It is submitted that, pursuant to the aforesaid order, the Petitioner approached opposite party no.1 with his representation. A hearing was thereafter fixed, and the Petitioner submitted his list of dates and written submissions seeking exemption from the alleged shortfall of Minimum Guaranteed Quantity (MGQ) of IMFL and Beer for the year 2023-24, as also refund of the licence fee and other fees amounting to Rs.8,87,800/-. The matter was finally heard on
17th April, 2025. However, no final decision has yet been taken or communicated to the Petitioner.
3. The grievance of the Petitioner, therefore, is confined to the inaction of opposite party no.1 in not concluding the decision-making process pursuant to the order dated 23rd October, 2024 passed by this Court. We are not inclined to enter into the merits of the Petitioner’s claim regarding exemption from the alleged shortfall of MGQ or refund of the amounts deposited by him, as the same is required to be considered by the competent authority in the first instance.
4. In the circumstances, we dispose of the writ petition with a direction to opposite party no.1 to take a final decision on the Petitioner’s representation dated 17th April, 2024, in accordance with law, after taking into consideration the materials and submissions placed by the Petitioner, and communicate the decision to him, as expeditiously as possible and preferably within a period of four weeks from the date of communication/production of a certified copy of this order.
5. 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: 18-Aug-2026 11:33:01 Signature Not Verified