High CourtsDivision Bench(2021) 07 OHC CK 0194

Pralyaranjan Swain And Another vs State Of Odisha And Others

Orissa High Court · Decided on 22 July 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · B. P. Routray, J
RESULT
Allowed
CASE NUMBER
Writ Petition (Civil) No. 1432 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

14 paragraphs · 261 words
1.

This matter is taken up by video conferencing mode.

2.

This writ petition has been filed challenging the letter No.2009 dated 30th March, 2020 issued by the Additional Secretary to Government,

Government of Odisha, Department of Excise to the Excise Commissioner, Odisha conveying that the Revenue and Disaster Management

Department as per their order No.465 dated 2nd January, 2020 has decided to phase out issue of solvency certificates by Revenue Authorities for

grant or renewal of excise licenses. It therefore has insisted on producing Bank Guarantees in lieu thereof for renewal and issuance of license.

3.

A batch of similar writ petitions have been allowed by this Court by a common judgment in Gopinath Sahu v. State of Odisha along with a batch of

writ petitions, reported in AIR 2020 Ori 150.

4.

Since the issue involved in the present writ petition is squarely covered by the aforesaid common judgment in Gopinath Sahu (supra), this writ

petition is also allowed in terms of the said common judgment. The State Government and its authorities are directed to renew the license of the

Petitioner on production of the solvency certificate, subject to fulfillment of other conditions.

5.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th  April, 2021.

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