1 2025:CGHC:27957-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3211 of 2025 Yogendra Deshmukh S/o Ramdin Deshmukh Aged About 50 Years R/o 313, Gali No.-1, Mathpara, Ward No.-3, Gayanagar, Durg, District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Excise, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - Commissioner Durg Division, Durg, District - Durg (C.G.) 3 - Commissioner Excise Durg, District - Durg (C.G.) 4 - Deputy Manager C.S.M.C.L. Durg, District - Durg (C.G.) 5 - District Excise Officer Durg, District - Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Purendra Khichariya, Advocate For Respondent(s) : Mr. Prafull N. Bharat, Advocate General along with Mr. Sangharsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 26.06.2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.06.27 13:10:28 +0530 2 1. Heard Mr. Mr. Purendra Khichariya, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General along with Mr. Sangharsh Pandey, learned Government Advocate for respondents / State. 2. The petitioner had filed the present petition with the following prayers : “10.1 That, this Hon'ble Court may kindly be pleased to call the entire record of the case, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to quash/set aside the tender notice dated 28.05.2025, and may further restrain the respondent authority not to open the liquor shop within the vicinity of the school/ Bramhakumaries Mediation center in the interest of justice (Annexure P/1). 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court may deem fit.” 3. Learned counsel for the petitioner submits that the petitioner is the resident of the village Baghera and he has raised the objection before the authorities for not to opening of the composite liquor shop at Baghera, because the place which has been demanded by the respondent authorities is in the mid of the village and it is in the state highway which is adjoining to the National Highway and also it is nearest to the school, temple, government school, railway crossing and due to their highly dense area every day there is a possibility of nuisance committed by the illegal person. The Hon'ble Supreme Court in the matters of State of Tamilnadu Vs. K. Balu reported in (2017) 2 SCC 281 imposing restriction 3 for opening or running of liquor shop visible from a National or State Highway, direct accessible from National or state highway and situated within a distance of 500 meters of the outer edge of the National or State highway or of a service lane. 4. On the other hand, learned Advocate General submits that the present matter has become infructuous as it is evident from the tender notice dated 28.01.2025 whereby, bids were invited from the bidders and the last date of which was 20.06.2025, but it has been informed that no such bidder has turned up in pursuance of the said notice. Hence, the present notice has become infructuous and the grievance of the petitioner has also become infructuous. He further states that there is also a policy of the State Government that within 500 mtrs vicinity of school, temple etc., no license will be given by the State for the liquor shop. 5. In view of the submissions advances by learned Advocate General, the instant petition is dismissed as having become infructuous with liberty to the petitioner, to take recourse to law, if any cause of action arises in future. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet