IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA ON THE 4th OF DECEMBER, 2025 WRIT PETITION No.24580 OF 2025 M/S RAJHANS TRADERS Versus THE STATE OF MADHYA PRADESH AND OTHERS ----------------------------------------------------------------------------------

Appearance:

Shri Manish Dutt - Senior Advocate with Shri Eshaan Datt -

Advocate for the petitioner.

Shri Suyash Thakur - Govt. Advocate for the respondents/State.

Shri Naman Nagrath - Senior Advocate with Shri Teerthesh Bharilya and Shri Shreyas Dharmadhikari – Advocates for the respondent No.11.

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ORDER

Assailing the order dated 06.06.2025 passed in appeal by the Excise Commissioner, Gwalior, whereby the order passed by the Collector has been set aside, the present petition has been filed.

2. It is the case of the petitioner that the petitioner is engaged in trade of liquor in District Chhindwara. Petitioner is a partnership firm and Amit Singh is a partner, who is duly authorized on behalf of the firm to file this petition.

3. In pursuance to the advertisement dated 19.03.2025 issued by the Collector Excise Chhindwara inviting e-tender in the light of the Madhya Pradesh Gazette Notification (Extraordinary) dated 14.02.2025 for allocation of composite liquor shops for the Excise Year 2025-26 for the period 01.04.2025 to 31.03.2026 including “reallocated 6 liquor single groups” with certain stipulations terms and conditions. District Chhindwara has been divided into various composite groups pursuant to the advertisement. The petitioner submitted e-tender form and participated in the tender process. Ultimately, the bid submitted by the petitioner was accepted and license were granted to the petitioner by the competent authority of the Excise Department for running composite liquor shops for the following areas :-

Licence East West North South Premises Names Rohankala Rohankala Chhindwara se Vinod Vudhyut FCL-I, [L- Panchayat Ki Rohankala Dehariya ki Mandal

2021/2343] Khali jameen Savri Road Khali Jameen Karyalaya Umreth FCL- Ambada Rakeb Khan ka Rakeb Khan ka Rakeb Khan I [L- Umreth garriage tatha Khali tinshed ka Khali plot

2021/2554]. Mukhya Marg khali plot tatha khali plot Umreth FCL- Firoz Khan ka Amjat Khana Umreth Bihari

4. The petitioner is a registered firm under Section 58 (1) of the Indian Partnership Act. The allocation of the shop for district Chhindwara to the petitioner is in view of the fact that the maximum offer was made by the petitioner to the tune of Rs.25,52,52,999/-. The Collector, Chhindwada allocated composite liquor shop Rohankala which was already being run for the excise year 2024-25 to be reallocated. There was a mass agitation by the villagers as regard to running of the composite liquor shop at Rohan Kala. There was a mass agitation by the villagers as regard running of the composite liquor shop-Rohankala. The concerned authority visited the spot and informed that the shop is allocated to the petitioner in accordance with the excise policy. Despite allocation of the shop in favour of the petitioner by the authorities owing to the mass scale objection raised by the villagers, the petitioner could not operate the composite liquor shop at Rohankala. Therefore, he submitted an application on 03.04.2025 to the Collector, Excise Chhindwada pointing out the difficulties and requested for reallocation of the shop. Vide notice dated 04.04-2025 and forwarding a copy to all the concerned along with the modified Appendix-3, extended the area of composite liquor shop Rohankala in the light of the direction given by the Excise Commissioner, Gwalior dated 15.02.2025 and also the resolution of meeting of the District Nishpadan Samiti extended the area and directed the petitioner to ensure establishment and running of the shop. The said extension has been granted to the petitioner by virtue of Clause 3 (11) of the Liquor Policy for the year 2025-26 and