Prince Bar And Restaurant On Shop v. State Of Odisha

1. Heard the proprietor of the petitioner in person.

2. By way of this writ petition, the petitioner has prayed for issuance of a direction to opposite party no. 2 to grant license/permission to organize musical or dance programme or Orchestra by engaging women artist and use of loud speaker inside license premises of Prince Bar & Restaurant ON shop at Laxmisagar Chhack, Cuttack Road, Bhubaneswar pursuant to its application dated 24.11.2017 under Annexure-3 as per Rule 44 (4) Proviso and (5) (a) & (d) of the Odisha Excise Rules, 2017.

3. The petitioner has placed reliance on judgment of the Hon'ble Supreme Court in the case of Indian Hotel and Restaurant Association (AHAR) v. The State of Maharashtra [Writ Petition (Civil) No. 576 of 2016 disposed of on 17 January, 2019].

4. In course of hearing, prayer is made for a direction to opposite party No. 2 for consideration of such application of the petitioner. Further, it is submitted that since the identical matter i.e. W.P.(C) No. 10141 of 2018 has already been decided by this Court on 30.07.2019, this writ petition may be disposed of in terms of order dated 30.07.2019 passed by this Court in W.P.(C) No. 10141 of 2018.

5. In our considered opinion, in view of the Excise Rules in vogue in the State of Odisha and the decision of the Hon'ble Supreme Court in the case referred to supra, the application of the petitioner shall be considered and disposed of as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order before the competent authority.

6. The writ petition is disposed of with the observation and direction as aforesaid.

7. All the connected Misc. Cases/I.As, if any are accordingly disposed of.

8. Urgent certified copy of this order be granted as per Rules.