AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4226 of 2024 North East Feed And Agro Exports Private Limited, A Registered Company Registered Under The Companies Act, 1956 Through Its Director Namely Nirmal Singh Bhatia S/o Shri Ranjeet Singh Bhatia, Aged About 54 Years, Heaving Its Registered OfÏce At B-20 House Of Dr. Bhagwat Near Maha Koushal Press Ravi Nagar, Raipur, District-Raipur (C.G.)

---- Petitioner versus

1 - State Of Chhattisgarh Through Special Secretary, Commercial Tax (Excise) Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.)

2 - Commissioner (Excise) Commercial Tax, Gst Bhawan, North Block, Sector-

19, Nawa Raipur, District- Raipur (C.G.)

3 - Chhattisgarh State Beverages Corporation Limited, Raipur Through Its Managing Director, Abkari Bhawan, Labhandi, Raipur, District-Raipur (C.G.)

4 - Chhattisgarh State Marketing Corporation Limited (A Government Of Chhattisgarh Undertaking), Through Its Managing Director, 4th Floor, Abkari Bhawan Near Chokra Nala, Labhandi, Raipur, District- Raipur (C.G.)

---- Respondents WPC No. 4235 of 2024 Vodabox Electromech Private Limited C.O. Ms. Track Events And Promotors, A Registered Company Registered Under The Companies Act, 1956 Through- Its Director Namely Saurabh Jaiswal, S/o. Dilip Jaiswal, Aged About 32 Years, The Company Having Its Registered OfÏce At Shop No. 2, FI, VIP Road, Raipur, District- Raipur (C.G.).

----Petitioner Versus

1 - State Of Chhattisgarh Through- Special Secretary, Commercial Tax ( Excise ) Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur ( C.G.).

2 - Commissioner ( Excise ) Commercial Tax Gst Bhawan, North Block, Sector- 19, Nawa Raipur, District- Raipur ( C.G.).

3 - Chhattisgarh State Beverages Corporation Limited, Raipur, through its Managing Director, Abkari Bhawan, Labhandi, Raipur, District- Raipur ( C.G.).

4 - Chhattisgarh State Marketing Corporation Limited (A Government Of Chhattisgarh Undertaking), Through- Its Managing Director, 4th Floor, Abkari Bhawan, Near Chokra Nala, Labhandi, Raipur, District- Raipur ( C.G.).

---- Respondents For Petitioners : Mr. Manoj Paranjpe, Advocate {in Cr.M.P. No.

4226/2024}

Mr. Amrito Das, Advocate. {in Cr.M.P. No.

4235/2024}

For Respondent/State : Mr. Prafull N Bharat, Advocate General with Mr.

Sangharsh Pandey, Government Advocate.

For Respondent No. 4 : Mr. Malay Shrivastava, Advocate.

Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

04/09/2024

1. Since common facts and issue are involved in both these petitions, they are being considered and decided by this common order and WPC No.

4226/2024 is taken as the lead case.

2. The petitioner, in both the above petitions have prayed for the following relief(s):

“1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders; direction/directions and order/letter dated 01.07.2024 (Annex.P/1) as well as directions/order dated 04.07.2024 (Annex.P/2), may kindly be set-aside and petitioner company may kindly be permitted to continue as per the licence issued to the company for a period commencing from 01.04.2024 to

31.03.2025.

2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the Hon'ble Court may kindly be pleased to set-aside the NIT dated 11.07.2024 and all consequential actions thereto and the respondent authorities may kindly be directed not to finalize the contract with third, person, company, firm or corporation.

3] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the respondent authorities may kindly be directed to continue with the rate contract and licence granted to the petitioner company till 31.03.2025.

4] 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.”

3. The facts, in brief, as