Authority: High Court of Odisha at Cuttack
Order Date: 30.07.2026
Case Overview
- Petition: W.P.(C) No.17369 of 2026, CNR No.ODHC010400142026, filed by M/s. Hotel Moonlight (Managing Partner Sri Pradyut Kumar Ghosh) seeking quash of a letter dated 12th December 2025 issued by the Excise Commissioner and an order dated 11th May 2026 issued by the Collector, Balasore, both mandating a Fire Safety Certificate for the hotel premises.
- Representation: Petitioner was represented by Senior Advocate Mr. P.K. Rath; the State of Odisha was represented by Additional Government Advocate Mr. G. Tripathy.
- Legal Basis: The petition relied on a prior judgment of the Coordinated Bench of the same Court in W.P.(C) No.17811 of 2026 dated 27th July 2026, wherein the Court examined the applicability of fire‑safety certification under the Excise Act and its Rules.
- Key Findings of Prior Judgment: The Court observed that the mandatory fire‑safety certificate applies only to premises classified under Rule 9(1) as having a height of 12 metres or more or an constructed area of 500 square metres or more. The hotel did not meet either criterion. Consequently, the authority could not compel the issuance of a fire‑safety certificate or NOC under the Excise Act.
- The Court further noted that while safety measures are desirable, the statutory provision does not obligate the petitioner to obtain the certificate. The petitioner had already installed fire extinguishers at various locations with regular monitoring and refilling by authorized agencies.
- Application of Ratio: Given the identical factual matrix and legal questions, the Court applied the ratio from the earlier judgment and decided to quash the Excise Commissioner’s letter and the Collector’s order.
Final Outcome
- The letter dated 12th December 2025 and the order dated 11th May 2026 are hereby quashed and set aside.
- The writ petition is disposed of with no further instruction required.
Topics: Fire Safety Regulation, Excise Law, Hospitality Industry