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2026 DAILYLAW 28060 (ORI)

DEBARAJ BISWAL v. STATE OF ODISHA

CRLMP/930/2026 · 2026-07-23

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 930 of 2026 Debaraj Biswal …. Petitioner Mr. N.K. Sahu, Sr. Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.07.2026 01. 1. Heard Mr. Sahu, learned Senior Advocate appearing for the petitioner and State. 2. Instant CRLMP is filed by the petitioner for a direction to the opposite parties to consider the representation dated 6th July, 2026 as at Annexure-6 series and subsequent FIR lodged as per Annexure-7 on the grounds stated therein. 3. It is submitted to the Court by Mr. Sahu, learned Senior Advocate that the petitioner has been granted license for an IMFL Off shop as per Annexure-4. It is further submitted that before issuance of the license, necessary enquiry was held by the RI concerned with a report i.e. Annexure-3, which has been forwarded to the Inspector of Excise, Bhadrak Range, Bhadrak on 4th July, 2026. The submission is that even after the issuance of license, the petitioner is not able to open the shop due to p. 2 obstructions by some miscreants, which has been reported to the PS concerned as per Annexure-7 and also the Authority concerned under Annexure-6 series. The contention is that even after the representation dated 6th July, 2026 and the FIR lodged i.e. Annexure-7, no action has been taken by the opposite parties. Reference is also made by Mr. Sahu, learned Senior Advocate to the written instructions to the DG and IG Police, Cuttack by the Excise Department, Government of Odisha at Annexure-8 for the protection to be provided to the Exclusive Privilege (EP) Holder to run excise business. With the submissions as above, necessary direction by the petitioner is sought for to opposite party Nos. 2, 3 and 4. 4. Recorded the response of the State. 5. Since it is made to understand that the license has been issued to the petitioner vide Annexure-4 and the complaint is that on account of local miscreants, he is not able to open the excise shop at the location and for that, the FIR is lodged as per Annexure-7 with the representation addressed to the Collector, Bhadrak and opposite party No.4 and also opposite party No.3, this Court is inclined to direct an action thereon in order to enable him to run the business in view of Annexure-8, which directs the functionaries of the State, to provide necessary police protection to the licensees for the said purpose. 6. Accordingly, it is ordered. p. 3 7. In the result, the CRLMP stands disposed of with the direction as aforesaid. It is further directed that opposite party Nos.2 to 4 shall act upon the representation and the FIR as at Annexure-6 series and 7 and in view of the Government’s instruction at Annexure-8 to provide the necessary protection to the petitioner to run the business in view of license granted to him vide Annexure-4 concluding the above exercise at the earliest preferably within a period of two weeks from the date of receipt of a copy of this order. 8. Urgent copy of this order be issued as per rules. 9. A copy of the above order be handed over to Mr. Mohanty, learned ASC for the State for its onward intimation to opposite party Nos.2 to 4 and for early compliance. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer