The central legal point established in the judgment is the interpretation and application of the provisions of the Chhattisgarh Excise Act, 1915, Section 17(3)(a), and the Chhattisgarh Excise (Amendment) Act, 2020, in regulating the location of liquor shops in relation to highways and municipal areas.

ORDER :

Arup Kumar Goswami, J.

Heard Mr. Punit Ruparel, learned counsel for the petitioners. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for respondents No.1 to 6.

2. This Public Interest Litigation is filed by an Advocate, who is petitioner No.1 and a Journalist, who is petitioner No.2, seeking a direction to remove the liquor shops, “Deshi” and “English”, from Kukdur Road, State Highway No.9 near Saraswati Shishu Mandir, Pandariya, District Kabirdham, Chhattisgarh and to quash an order dated 25.07.2021 passed by the Collector (Excise), District Kabirdham.

3. It is pleaded in the writ petition that the location of the liquor shops are within the prohibited distance from the State Highway and thus, had violated the guidelines issued by the Hon’ble Supreme Court. It is also pleaded at paragraph 8.3 that the Government Girls Higher Secondary School, Pandariya, Saraswati Shishu Mandir Higher Secondary School, Pandariya, Post Metric Girls Hostel, Community Health Centre and Girls Middle School are situated within the vicinity of 250 metres, 100 metres, 200 metres, 400 metres and 300 metres, respectively. There is one Hanuman Temple in the Forest Colony, which is located at a distance of 300 metres; Ravidas Mandir and Shani Mandir and Parmeshwari Devi Bhawan are situated within the vicinity of 400 metres. Though the school authorities, ward members and local persons had submitted representation against opening of the liquor shops at Kukdur Road, the same was not considered favourably.

4. The petitioners had earlier filed Writ Petition (PIL) No.59 of 2021, which, however, was allowed to be withdrawn by an order dated 22.09.2021 because of the subsequent developments with liberty to file afresh.

5. It is stated that Deshi and English liquor shops are situated 60 metres away from State Highway No.9 and they are running on rental buildings. It is stated in paragraph 8.8 that both liquor shops are situated at Kukdur Road. At paragraph 8.7 it is stated that by order dated 25.07.2021, they were allowed to be opened.

6. Perusal of the order dated 25.07.2021, goes to show that Deshi (Country) liquor shop, Pandariya was shifted to Kui Road, Nawapar, Ward No.13, Pandariya and English (Foreign) liquor shop, Pandariya was shifted to Kukdur Road, B.N. Fules, Pandariya. It will be appropriate to reproduce the order dated 25.07.2021:

“ORDER

No./AAB/theka/20211735A

Kabirdham Dated 25/07/2021

Country liquor shop, Pandariya (First) is being operated in financial year 2021-22 in the building owned by Mr. Brij Vilas Soni and Foreign liquor shop, Pandariya (Second) is being operated in the Government building. Due to public opposition in the presently operated building, tender process is being issued for the new shop building, according to which the Sub committee has approved the new shop in the building/shop owned by Mr. Sandeep Sahu for the Country liquor shop, Pandariya (First) and a new shop in the building/shop owned by Mr. Suryakant Pandey for Foreign liquor shop, Pandariya (Second). According to the report of the Circle Officer, the new proposed site for Country liquor shop, Pandariya (First) and Foreign liquor shop, Pandariya (Second), is a non-objectionable place according to rule 1 of the General License rules.

Thus, according to the Section 62 (2) (h)(k)and(l) and as per the provision given in the General License condition, No. 5, the transfer of site of the Country liquor shop, Pandariya (First) is approved for the newly proposed site at Kui Road Navapara Ward, No 13 Pandariya in the building of Sandeep Sahu and the transfer of site of the Foreign liquor shop, Pandariya (Second), is approved for the newly proposed site at Kukdur Road, B.N. Fuels near Pandariya in the building of Mr. Suryakant Pandey.

This order will come into force with immediate effect.

Sd/-

Illegible Collector

District Kabirdham

(C.G.)

Kabirdham

Dated : 25.07.2021”

7. A reply-affidavit was filed by the State-respondents stating that in the light of the decision r