Devendra Nagar, Raipur, Chhattisgarh v. State of Chhattisgarh Through The Secretary And
Case Details
1 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.27 18:25:38 +0530 2025:CGHC:28569-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3022 of 2025 Deepak Mashrani S/o Shri B.R. Mashrani Aged About 56 Years R/o E-159, Sector-5, Devendra Nagar, Raipur, Chhattisgarh ... Petitioner(s) versus State of Chhattisgarh Through The Secretary And 1 - Commissioner For Excise, Commercial Tax (Excise), Department, Abkari Bhawan, Near Chokra Nala, Labhandih, Raipur, Chhattisgarh 2 - The Collector Raipur, District - Raipur, Chhattisgarh 3 - The Superintendent of Police Raipur, District - Raipur, Chhattisgarh 4 - The Station House Officer Police Station Ganjpara, Raipur, District - Raipur, Chhattisgarh (Cause-title taken from Case Information System) ---- Respondents
Legal Reasoning
For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondents/State : Mr. Shashank Thakur, Dy.A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Per Ramesh Sinha , Chief Justice
Decision
Order on Board 27 .06.2025 1. The present petition has been filed by the petitioner with the following prayers:- 2 “10.1 That this Hon'ble Court may be pleased to order the respondent authorities to take appropriate actions in compliance of clause 14.4 of the tender dated 28/03/2025 and thereby removing any illegal shops selling eateries/food articles within 100 meters of Country Composite Ahata, Ganjpur, Raipur. 10.2 That this Hon'ble Court may be pleased to direct the respondent authorities to decide the representation dated 23/05/2025 (Annexure P/1) of the petitioner to remove the illegal occupants from the concerned area and to exempt the petitioner from paying the license fees for upcoming 2 months against the losses incurred by him. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. In compliance of the Court’s order dated 19/06/2025, the District Magistrate, Raipur has filed his affidavit on 26/06/2025 and the relevant portion of the same is reproduced hereunder:- “4. That, on behalf of the deponent it is most respectfully submitted that as per the policy framed by the Department of Excise, the notice inviting tender for allotment of Ahata (compound) adjacent to Country and Indian made Foreign Liquor shops (wherein there is facility of consuming alcohol and there is provision of drinking water and other 3 eatables) was invited and the petitioner submitted his application for the Ganjpara compound/ Ahata. The petitioner's bid was accepted and he was allotted the work and granted permission to run the Ahata in the Ganjpara composite liquor shop and was issued license for the same on 21.04.2025 by the licensing authority. It is submitted that as per the terms of the tender and the conditions of the license, the petitioner was required to deposit guarantee/challan of one-sixth part of the total annual license fee within the prescribed time. However, the petitioner failed to deposit the said amount, it is submitted that number of notices were issued to the petitioner asking him to deposit the prescribed license fee and informing him that in case of failure of deposite of the said amount, the license granted to him will be cancelled. Copies of the notices issued to the petitioner dated 21.05.2025, 02.06.2025 & 19.06.2025 are collectively annexed herewith as ANNEXURE A/1. It is further submitted that a notice for personal hearing was also given to the Commissioner, where he was called upon to appear before the competent authority on 27.06.2025 for submitting his case. It is most respectfully submitted that pursuant to the above mentioned notices, the petitioner deposited 4 partial amount before the department. 5. At this juncture, it is necessary to mention that the petitioner was required to deposit bank guarantee. equivalent to two month Of license fee Rs. 1039306 and license fee of june month Rs. 519653 however, the petitioner has deposited only partial amount which comes to the tune of Rs. 519653 and an amount of Rs. 1039306 is still balance. 6. That, clause 14.04 of the terms and conditions of the tender provides that within the periphery of 100 meters from the boundary wall of the liquor shop there will be prohibition on stalls selling the food items. It is submitted that the petitioner made certain representation before the authorities that there are number of vendor and stalls who are selling food articles and other materials within the periphery of 100 meters from the composite liquor shop. That the authorities acted promptly on the representation submitted by the petitioner and Deputy Commissioner (Excise), deputed officers and employees of the department to take action against the persons who are involved in selling of food items and other articles near the liquor shop and Ahata. A copy of the order dated 15.05.2025 is annexed herewith as ANNEXURE A-2. It is further submitted that the team so constituted carried out the spot inspection and submitted its report 5 wherein it has came to know that no one is running illegal Ahatas/ compound near the liquor shop and it has further been observed that although some people are engaged in the selling of water pouches, disposable glass and other food items and regular, action is being taken against them. It is submitted that the Assistant District (Excise) officer, Ganjpara circle vide his letter dated 30.05.2025 informed the Assistant Commissioner (Excise) about the action taken by the Joint Excise team and it was informed that a case has been registered against 24 persons under the provisions of the Chhattisgarh Excise Act, 1915. Copy of communication dated 30.05.2025 is annexed herewith as ANNEXURE A/3. 7. That, the deponent most respectfully submitted that there were various illegal hutments and illegal constructions in the subject area and the officers of the Municipal Corporation (Raipur), Police Department and Excise Department carried out a drive to remove the same and the illegal construction were removed on 15.05.2025. Copies of the photographs depicting the action taken by the authorities is annexed as ANNEXURE A/4. 8. That, it is further submitted that the Assistant Commissioner, Excise vide his letter dated 02.06.2025 informed the petitioner that acting on his complaint, 6 prompt action has been taken by the department and further informed that the persons involved in sale of Water Pouch, disposals and other food items. A copy of the letter dated 02.06.2025 is annexed herewith as ANNEXURE A/5. 9. That, it is submitted that Deputy Commissioner, Excise also informed the deponent about the activities undertaken by the Excise Departments and the other departments of the government for tackling the sale of illegal food items and other items. That, the Deponent further submitted that again on 24.06.2025 a drive was undertaken by the authorities, wherein against the hutments/shops/persons engaged in the sale of the disposal of Water Pouches, packaged food items near the compounding illegal liquor shops without any authority. Copies of the photographs with respect to the activities carried out as well as the panchnama, prepared in this respect are collectively annexed herewith as ANNEXURE A/6. 3. Learned counsel appearing for the State submits that with regard to composite liquor shop within 100 meters of the boundary wall is concerned, the authorities had acted promptly to take action against the persons who are involved in selling of food items and other articles near the liquor shop and Ahata. He would further submit that in respect of license fee, the time has already been extended. 7 4. At this juncture, learned counsel appearing for the petitioner would submit that in view of the affidavit filed by the District Magistrate, Raipur and submission made by learned counsel for the State, the present petition may be disposed of. 5. We have heard learned counsel for the parties and perused the pleadings and documents. 6. In view of the aforesaid submission made by the learned counsel for the parties, and particularly considering the affidavit filed by the District Magistrate, Raipur, wherein it has been categorically stated that they have already taken initiative against the persons who are involved in selling of food items and other articles near the liquor shop and Ahata and further considering the fact that the time has also been extended for payment of license fee, this petition is disposed of. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep