Orissa High Court
WP(C)/24769/2026 of SHIVESH RAJ SAHU Vs STATE OF ODISHA on 13 August 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.24769 of 2026 CNR No. ODHC010588172026 Shivesh Raj 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
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.24769 of 2026
CNR No. ODHC010588172026
Shivesh Raj 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. The Petitioner, who is the holder of an IMFL Restaurant “ON” shop licence under the name and style of “Dizzy Bean Pub” for the year 2026-27, seeks approval for shifting of the said shop from its existing premises to a proposed premises situated at Ground Floor of a G+3 storied commercial building over Plot No.1710/2627, Khata No.761/19, Mouza-Kalarahanga, Patia, Bhubaneswar. The shifting proposal was recommended by the Collector, Khordha vide letter dated 22.05.2026.
2. In the course of consideration of the said proposal, the Additional Excise Commissioner (Policy), by the impugned communication dated 11.06.2026, called upon the concerned authority to furnish, inter alia, a Fire NOC/Fire Safety Certificate. The communication also referred to the requirement of a valid food licence.
3. The principal grievance of the Petitioner is that the requirement of the Fire NOC/Fire Safety Certificate was insisted upon on the basis of the earlier communication dated 12.12.2025 issued by the Excise Commissioner, Odisha, requiring all IMFL “ON” shop licensees to obtain and maintain a valid Fire Safety Certificate/Fire NOC. The said communication dated 12.12.2025 has already been quashed by this Court in W.P.(C) No.17811 of 2026, by order dated 27.07.2026.
4. In the aforesaid order dated 27.07.2026, this Court, after examining Rule 9 of the Odisha Fire Prevention and Fire Safety Rules, as amended in 2019, held that the requirement of a Fire Safety Certificate is attracted to the classes of premises falling within the parameters prescribed under Rule 9. It was further held that the authority cannot compel a person to do something which is not provided for in law and that insisting upon a Fire Safety Certificate or NOC in respect of premises falling outside the statutory parameters was unwarranted and beyond the scope of the Excise Act and the Rules framed thereunder.
5. However, there is one subsequent development which requires notice. On 17.07.2026, the State Government amended Rule 51 of the Odisha Excise Rules, 2017 by inserting a requirement of a Fire Safety Certificate from the competent authority. The amendment came into force upon its publication in the Odisha Gazette.
6. The impugned communication dated 11.06.2026, however, was issued prior to the aforesaid amendment and was founded upon the earlier general communication dated 12.12.2025, which has already been set aside by this Court. To that extent, the insistence contained in the impugned communication cannot be sustained.
7. At the same time, in view of the subsequent amendment to Rule 51 of the Odisha Excise Rules, 2017, we cannot issue a direction permitting the Petitioner to have the shifting proposal approved irrespective of the statutory requirement which is presently in force. The shifting proposal has, therefore, to be considered by the competent authority in accordance with the law applicable as on the date of such consideration.
8. In that view of the matter, the impugned communication dated 11.06.2026 issued by the Additional Excise Commissioner (Policy), insofar as it insists upon furnishing a Fire NOC/Fire Safety Certificate on the basis of the communication dated 12.12.2025, is hereby quashed and set aside.
9. The Opposite Parties are directed to consider the Petitioner’s proposal for shifting of the IMFL Restaurant “ON” shop to the proposed premises afresh, in accordance with the Odisha Excise Rules, 2017, as amended from time to time, including the amendment dated 17.07.2026, and take a decision thereon expeditiously.
10. It is made clear that we have not expressed any opinion on the other aspects of the Petitioner’s shifting proposal, including the objections, if any, raised in the course of the statutory process, and the competent authority shall take an independent decision in accordance with law.
11. 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