NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No.515 of 2021 Order Reserved on : 07.12.2021 Order Delivered on : 11.02.2022 • M/s Eminent Infra Structure Pvt. Ltd. A Company Registered under the Companies Act, 1956 Having its Head Office at Govind Dham Civil Lines, Raipur Through its Director, Mr. Harbaksh Singh Batra, S/o Late Shri Gurubaksh Singh Batra, Aged About 65 Years, R/o Govind Dham, Civil Lines, District Raipur, Chhattisgarh ---- Petitioner Versus

1. State of Chhattisgarh, through Secretary, Home Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

2. Collector, District Raipur, Chhattisgarh.

3. Sub Divisional Magistrate, District Raipur, Chhattisgarh

4. Incharge of Police Station Telibandha, Raipur, District Raipur, Chhattisgarh

5. Excise Department through Commissioner, District Raipur, Chhattisgarh

6. Tehsildar, Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner Mr. Manoj Paranjpe, Advocate For Respondent-State Mr. Gurudev I. Sharan, GA Hon'ble Justice Smt. Rajani Dubey

C A V Judgment

1. This writ petition has been preferred under Article 226/227 of the Constitution of India for quashment of the order dated 28.09.2020 bearing No.132/SDO/2020 passed by the SDM, Raipur, whereby the Queens Club has been directed to be freezed/sealed and the order/letter dated 28.09.2020 passed by the In-charge, Police Station Telibandha, Raipur requesting the SDM to freeze/seal the Queens Club.

2. The brief facts of the case are that the petitioner, a private limited company registered under the Companies Act, 1956 under the name and style of Eminent Infra Structure Pvt. Ltd., entered into the concession agreement with the Chhattisgarh Housing Board, wherein the said Board proposed to setup a club on the VIP road at Raipur on the principle of public-private partnership on built-operate- transfer (BOT) terms. It was also agreed that the BOT partner would build the facilities, operate them and transfer them back to the Chhattisgarh Housing Board at the end of the concession period of 30 years, which will commence from the date of the execution of the agreement. The petitioner company is running the club over the said land under the name and style of 'Queens Club of India'. The petitioner came to know on 28.09.2020 through newspapers that on 27.09.2020, there was incident of violation of lockdown in the Club, as there was lockdown from 21.09.2020 to 28.09.2020 owing to COVID-19 pandemic. The petitioner also came to know from media sources that the birthday party was also arranged on 27.09.2020 and the incident of gun shot fire took place in the parking space of the Queens Club. On the very next day i.e. on 28.09.2020, a letter was sent by the Police Station, Telibandha, District Raipur to the SDM, Raipur to seal/freeze the club informing that FIR bearing No.341/2020 under Section 307 of IPC was registered against one Hitesh Patel for doing gunshot during the birthday party. Another FIR No.342/2020 under Sections 188, 269 & 270 of IPC and Section 3 of Epidemic Diseases Act has also been registered against the directors of the club for violation of lockdown guidelines. On 28.09.2020 itself, the SDM, Raipur passed an order taking cognizance on the complaints, whereby the Queens Club of India, Raipur was directed to be sealed/freezed and directions were issued in this regard to the Tahsildar. The directors were called by the Police Authorities in the morning of 29.09.2020 wherein the petitioner intimated the Police Authorities that they have appointed Mr. Champa Lal Jain, Smt. Neha Jain, Smt. Minali Singhania and Harshit Singhania as additional directors to look after and temporarily manage the club. The petitioner was also served with a notice dated 07.10.2020, wherein the details of the directors were asked to be provided, which was replied by the petitioner vide letter dated 12.10.2020. The petitioner was also served with a show cause notice dated 01.10.2020 from th