Authority: High Court of Odisha, Cuttack
Order Date: 30 July 2026
Case Overview
- Petitioner: Hotel Nishi Pvt. Ltd., represented by Managing Director Sri Sujit Kumar Deb, filed writ petition W.P.(C) No.17365 of 2026 seeking quash of a letter dated 12 December 2025 issued by the Excise Commissioner and an order dated 11 May 2026 issued by the Collector, Balasore, which mandated a Fire Safety Certificate for the petitioner’s IMFL shop unit.
- Opposite parties: State of Odisha, represented by the Principal Secretary, Excise Department and other officials.
- The petition relied on a prior decision of the Coordinated Bench of the same Court in W.P.(C) No.17811 of 2026 (order dated 27 July 2026), where the Court held that the mandatory fire‑safety certificate applies only to premises having a height of 12 metres or more, or constructed on an area exceeding 500 square metres, as per Rule 9(1) and Rule 11 of the Excise Rules.
- The Court observed that the petitioner’s premises did not fall within the statutory definition and that fire‑extinguishers had already been installed and were being regularly maintained by authorized agencies.
Final Outcome
- The Court applied the ratio from the earlier judgment and quashed both the Excise Commissioner’s letter of 12 December 2025 and the Collector’s order of 11 May 2026.
- The writ petition was disposed of, and no further instruction regarding a fire‑safety certificate was required.
Topics: Fire Safety Regulation, Excise Law, Hospitality