1. This petition has been filed in Public Interest by the petitioner seeking shifting of liquor shop granted to respondent No.8 by way of license to run a foreign liquor shop at Station Road, Katni by the Excise Department. In the petition in para 3.2 it is said that petitioner is aggrieved by the establishment of foreign liquor shop by respondent No.8 and it is said that the foreign liquor shop is situated near three Government Schools, namely Govt. Gulab Chandra Primary School, Govt. Madhyamik School and Govt. Ravindra Rao Higher Secondary School, Station Road, Katni. It is said that petitioner has measured the distance between the shop and schools and it is around 40 meters. According to the petitioner there is statutory provision for establishment of a liquor shop within a radius of 50 meters of school and therefore, pointing out this illegality, this writ petition has been filed.

2. On notice being issued respondents have filed detailed reply and pointed out that on identical consideration and facts earlier also a Public Interest Litigation was filed by one Moti Jasuja vide Annexure R/1 being W.P.No.11371/2011 and there also respondent No.8 was impleaded as respondent No.4 and challenge was made in the said writ petition to the same shop on the ground that school is within a radius of 50 meters to Gulab Chandra Primary School. The Division Bench took cognizance of the matter and it is seen that the said writ petition was dismissed vide order dated 7.3.2012 Annexure R/1 after imposing a cost of Rs.2000/-. It is pointed out by Shri Swapnil Ganguly by referring to inspection report and documents filed as Annexure R/2 and R/3 to say that now this writ petition is barred by the principles of constructive resjudicata. In para 3 and 4 of the reply, respondents have made the following assertions :-

“3. That the entire petition filed by the petitioner is frivolous and in fact before filing the writ petition the petitioner has not done any homework. The petitioner in the first relief has tried to emphasis that one foreign liquor shop is running near Govt. School Gulab Chandra Primary School and Govt. Ravindra Rao Higher Secondary School in Station Road Katni and the distance of aforesaid foreign liquor show is around 40 meter hence as per the rules the aforesaid foreign liquor shop cannot be running. It is also stated that despite making the aforesaid complaint no action has been taken by the authorities. The aforesaid claim or contention raised by the petitioner is misconceived in view of the fact that claiming similar relief earlier one PIL Moti Jasuja v. State of M.P. and others has been filed which is registered as W.P. No.11371/2011 wherein this Hon’ble Court on 7.3.2012 after considering all factual aspects have dismissed the PIL with costs of Rs.2000/-. Copy of order dated 7.3.2012 in W.P. No.11371/2011 is annexed as Annexure R/1.

4. That from the aforesaid order, it is clear that same school namely Gulab Chandra Primary School/ Ravind Rao Higher Secondary School was also in subject matter in which after holding an enquiry constituted by the Collector, Katni and as per the report available the aforesaid PIL was dismissed. That as on the shop which was situated at that time is exist even as on date on same spot and the contractor of the aforesaid foreign liquor shop was Lalji Patel who has arrayed as respondent No.4 in PIL W.P.No.11371/11 and even as on date Lalji Patel is holding the aforesaid license. The contention that respondent No.8 Manchu Asati is the contractor of the aforesaid liquor shop is misconceived. To demonstrate this aspect copy of the license which has been issued in the year 2011-12 and in the year 2013-14 are cumulatively marked as Annexure R/1.”

3. Thereafter in para 5 the following assertions are again made :-

“5. That from the aforesaid it is clear that the place of shop is the same which has been awarded in favour of Lalji Patel. In these circumstance it is clear that the first relief (11.1) deser