ORDER

1. Considering the issue involved in the case and the fact that return and rejoinder have already been filed by the parties as also the matter is being listed time and again, therefore, with the consent of learned counsel for the parties, it is heard finally.

2. Although the instant petition is filed under Article 227 of the Constitution of India but as per the subject matter in the order impugned, it is being treated under Article 226 of the Constitution of India.

3. By the instant petition, the petitioner is challenging the order dated 21.5.2020 (Annexure-P/1) passed by respondent No.3/Collector, District Seoni whereby the petitioner has been directed to shift his foreign liquor shop to some other place within a period of three days. The impugned order has been assailed by the petitioner basically on the ground that the same is illegal, arbitrary and issued with mala fide intention just to oblige the local Member of Legislative Assembly (MLA) who has raised objection regarding existing place for running the said liquor shop whereas the same is as per the parameters engrafted in the Excise Policy, 2015 issued by the Commercial Tax Department on 6.2.2015. It is also contended by the petitioner in the petition that on earlier occasion also he was directed to shift his foreign liquor shop to some other place and pursuant thereto, the petitioner shifted his liquor shop and now again the impugned order has been issued without affording any opportunity of hearing to him and as such, it is claimed that the impugned order passed by the Collector, District Seoni being illegal and arbitrary, deserves to be quashed.

4. A reply to the petition has also been filed by the respondents relying upon an amended Policy issued vide notification dated 31.3.2018 by the Commercial Tax Department making certain amendments in the Excise Policy, 2015. In the reply, it is also contended by the respondents that the petitioner’s shop is situated within the periphery of 50 meters of Barapathar Church, therefore, as per the amended Policy of 2018, the Collector is competent to issue the order impugned and as such, there is no illegality committed in directing the petitioner to shift his foreign liquor shop at a distance of more than 50 meters from the Church.

5. In order to appreciate the controversy involved in this case, it is necessary to setout the relevant facts which are mentioned hereinbelow :-

The petitioner is a registered partnership firm and awarded a contract of selling the foreign liquor on retail basis in village Barapathar, District Seoni for the financial year 2019-20 and lateron, the said contract was extended by enhancing 25% of the contract amount and the licence in this regard in the nature of ‘FL-1’ was also issued on 1.4.2020 and the same was effective till 31.3.2021. The petitioner’s firm started its business by selling retail liquor but on 3.2.2020, at the behest of local MLA, a letter was issued by the Authority directing the petitioner to shift his liquor shop to some other place. Since it was the end of the contract period of the said liquor shop and renewal of the same was due, therefore, the petitioner requested respondent No.3 that he may be permitted to run his liquor shop in the area where he is currently running his shop and during new period of contract, he will shift his shop to another area. Respondent No.3/Collector, District Seoni, in turn, has acceded to the request of the petitioner. Due to lock-down imposed w.e.f. 1.4.2020, the petitioner could not run his shop and on 6.5.2020, when the petitioner was permitted to run his shop, he opened his liquor shop at a new place that too with the approval of respondent No.3/Collector, District Seoni but all of a sudden, the impugned order dated 21.5.2020 (Annexure-P/1) has been issued by respondent No.3/Collector, District Seoni asking the petitioner to shift his liquor shop to some other place that too beyond the distance of 50 meters from the Church, which is situat