Advocates:
['PUNIT RUPAREL', '', 'KALPESH RUPAREL', 'A G']

1

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (PIL) No. 140 of 2021

1.

Bhaskar Dewangan S/o Late Shri Dukhu Ram, Aged About 52

Years R/o Ward No. 4, Mahamaya Ward Pandariya, District

Kabirdham Chhattisgarh

2.

Padmaraj Tandan S/o Late Shri Jhangalu Ram Tandan, Aged

About 40 Years R/o Ward No. 1, Samaru Para, Pandariya, District

Kabirdham Chhattisgarh

---- Petitioners

Versus

1.

State of Chhattisgarh Through The Secretary, Excise Department,

Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District

Raipur Chhattisgarh

2.

Excise Commissioner, Chhattisgarh, Raipur, District Raipur

Chhattisgarh

3.

Collector, Kawardha, District Kabirdham Chhattisgarh

4.

District Excise Officer, Kawardha, District Kabirdham Chhattisgarh

5.

Sub Divisional Officer, Revenue, Pandariya, District Kabirdham

Chhattisgarh

6.

Tahsildar, Pandariya, District Kabirdham Chhattisgarh

7.

Chief Municipal Officer, Nagar Panchayat Pandariya, District

Kabirdham Chhattisgarh

---- Respondents

(Cause-title taken from Case Information System)

For Petitioners

: Mr. Punit Ruparel, Advocate

For Respondents No.1 to 6

: Mr. H.S. Ahluwalia, Deputy Advocate General

Date of hearing

: 12.08.2022

Date of Judgment

: 06.09.2022

2

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

CAV Order

Per Arup Kumar Goswami, Chief Justice

Heard Mr. Punit Ruparel, learned counsel for the petitioners. Also

heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing

for respondents No.1 to 6.

2.

This Public Interest Litigation is filed by an Advocate, who is

petitioner No.1 and a Journalist, who is petitioner No.2, seeking a

direction to remove the liquor shops, “Deshi” and “English”, from Kukdur

Road, State Highway No.9 near Saraswati Shishu Mandir, Pandariya,

District Kabirdham, Chhattisgarh and to quash an order dated

25.07.2021 passed by the Collector (Excise), District Kabirdham.

3.

It is pleaded in the writ petition that the location of the liquor shops

are within the prohibited distance from the State Highway and thus, had

violated the guidelines issued by the Hon’ble Supreme Court. It is also

pleaded at paragraph 8.3 that the Government Girls Higher Secondary

School, Pandariya, Saraswati Shishu Mandir Higher Secondary School,

Pandariya, Post Metric Girls Hostel, Community Health Centre and Girls

Middle School are situated within the vicinity of 250 metres, 100 metres,

200 metres, 400 metres and 300 metres, respectively. There is one

Hanuman Temple in the Forest Colony, which is located at a distance of

300 metres; Ravidas Mandir and Shani Mandir and Parmeshwari Devi

Bhawan are situated within the vicinity of 400 metres. Though the school

3

authorities, ward members and local persons had submitted

representation against opening of the liquor shops at Kukdur Road, the

same was not considered favourably.

4.

The petitioners had earlier filed Writ Petition (PIL) No.59 of 2021,

which, however, was allowed to be withdrawn by an order dated

22.09.2021 because of the subsequent developments with liberty to file

afresh.

5.

It is stated that Deshi and English liquor shops are situated 60

metres away from State Highway No.9 and they are running on rental

buildings. It is stated in paragraph 8.8 that both liquor shops are situated

at Kukdur Road. At paragraph 8.7 it is stated that by order dated

25.07.2021, they were allowed to be opened.

6.

Perusal of the order dated 25.07.2021, goes to show that Deshi

(Country) liquor shop, Pandariya was shifted to Kui Road, Nawapar,

Ward No.13, Pandariya and English (Foreign) liquor shop, Pandariya

was shifted to Kukdur Road, B.N. Fules, Pandariya. It will be appropriate

to reproduce the order dated 25.07.2021:

“ORDER

No./AAB/theka/20211735A

Kabirdham Dated 25/07/2021

Country liquor shop, Pandariya (First) is being

operated in financial year 2021-22 in the building owned

by Mr. Brij Vilas Soni and Foreign li