2025:CGHC:61194-DB BABLU NAFR RAJENDRA BHANARKAR BABLU RAJENDRA BHANARKAR Date: 2025.12.16 18:03:44 +0530 WPPIL No. 102 of 2025 Anil Yadav S/o Shri Gajlal Yadav Aged About 42 Years R/o Ward No. 19 Kathi, Gram Panchayat Kikirda, Police Station- Birra, Tahsil- Hasaud, District- Sakti (C.G.)

... Petitioner(s)

versus

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

2 - Excise Commissioner Chhattisgarh, GST Bhawan, North Block, Sector-19, Nava Raipur, Atal Nagar, District- Raipur (C.G.)

3 - Collector Sakti, District- Sakti (C.G.)

4 - District Excise Officer Office Of The District Excise Officer, District-

Sakti (C.G.)

5 - Sub Divisional Officer (Revenue) Sakti, District- Sakti (C.G.)

6 - Gram Panchayat Kikirda Through Secretary Gram Panchayat Kikirda, Janpad Panchayat Jaijaipur, District- Sakti (C.G.)

7 - Sarpanch Gram Panchayat Kikirda, Janpad Panchayat Jaijaipur, District- Sakti (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Ramesh Nayak, Advocate.

For Respondents : Mr. Shashank Thakur, Deputy Advocate No.1 to 5/State General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

16.12 .2025

1. Heard Mr. Ramesh Nayak, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for respondents No.1 to 5/State.

2. The present writ petition (PIL) has been filed by the petitioner with the following prayers:

“10.1 That, this Hon'ble Court may be pleased to issue a Writ of Certiorari calling for the entire records leading to the issuance of the impugned order dated 11.06.2025 (Annexure P-1) issued by Respondent No. 4.

10.2 That, this Hon'ble Court may be pleased to quash and set aside the impugned order dated 11.06.2025, whereby the Country Liquor Shop is being relocated to Village Kikirda.

10.3 That, this Hon'ble Court may be pleased to issue a Writ of Mandamus directing the Respondents to produce the alleged "Gram Panchayat" Resolution" and conduct an independent inquiry into its authenticity.

10.4 That, this Hon'ble Court may be pleased to direct the Respondents to not open any liquor shop in Village Kikirda, considering the existence of a shop in village Birra near village Basantpur and the distance of 16 Km from the original location (Hasaud).

10.5 That the Hon'ble Court be further pleased to accept the instant writ petition as Public Interest Litigation (PIL).

10.6 That the Hon'ble Court be further pleased to issue any other writ or directions or orders against the individual respondents looking to the facts and in the circumstances of the case in the interest of justice and equity. An affidavit in support of the petition is filed.”

3. The facts of the case are that, the petitioner is a permanent resident of Village Kikirda, District Sakti (Chhattisgarh) and is an elected Panch of Ward No. 19 (Kathi), Gram Panchayat Kikirda, Janpad Panchayat Jaijaipur, District Sakti. Village Kikirda is a peaceful, agriculture-dominated village located in a tribal belt, following a traditional joint family social structure and historically free from any government-sanctioned liquor outlets. The village is situated at a distance of more than 16 kilometers from village Hasaud and to the shock and dismay of the villagers, Respondent No. 4, i.e., the District Excise Officer, Sakti, passed an order bearing No./Excise/Contract/2025/1215 dated 11.06.2025, directing the relocation of the “Country Liquor Shop, Hasaud” to village Kikirda to function as a “Composite Country Liquor Shop.” The said order falsely records that the Gram Panchayat Kikirda had passed a resolution consenting to the establishment of the liquor shop and that an objection- free site was available in the village. The villagers strongly opposed the said decision and submitted a representation dated 31.10.2025 to the Collector, Sakti, warning that if the proposed liquor s