The Orissa High Court has dismissed a Public Interest Litigation (PIL) challenging the permission granted to open a liquor shop near a temple, school, and government institution. The court ruled that the objections were raised long after the legally mandated timeframe had expired.
A division bench comprising Chief Justice Harish Tandon and Justice Mriganka Sekhar Sahu rejected the petition filed by Trigunatit Deb. The petitioner had argued that issuing a liquor license in close proximity to religious and educational institutions was a direct violation of the Odisha Excise Act. The plea urged the court to direct the concerned authorities to cancel the license.
However, the High Court observed that prior to the shop’s opening, local residents were asked to submit their feedback or complaints. No objections were received during the designated period.
Under the guidelines of the Odisha Excise Act, 2017, the state government must follow a strict protocol before authorizing a new liquor outlet. This includes mandatorily displaying notices in both English and Odia at public places by the District Collector, allowing a 15-day window for public objections or counter-objections. Additionally, the rules require informing the local public through drum beats or public address systems, and displaying the notice on the official notice board for at least seven days.
The court emphasized that the purpose of this extensive process is to ensure locals are fully aware of the proposed liquor shop. The Act clearly stipulates that once the 15-day objection window closes, no further complaints can be legally accepted. Any grievances filed after the deadline are automatically deemed invalid.
Citing these statutory provisions, the bench stated that a court cannot override the law to issue directives to the authorities regarding time-barred complaints. With the dismissal of this petition, the path is now clear for the liquor shop to operate at the designated location.
