Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:41048
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4343 of 2025 1 - Tea Break Through Proprietor Mohammad Shameem Rizvi, S/o Mohd. Vaseem, Ward No. 12, Taiba Chowk, Talapara, Bilaspur, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Director General Of Police Department Of Home, Chhattisgarh Police, Police Headquarters, Sector-19, Naya Raipur, Chhattisgarh- 492002 2 - Superintendent Of Police Bilaspur, District Bilaspur, Chhattisgarh 3 - Rajendra Jaiswal Addiional Superintendent Of Police, Bilaspur, District Bilaspur, Chhattisgarh 4 - Nimitesh Singh Parihar City Superintendent Of Police, District Bilaspur, Chhattisgarh 5 - Summat Ram Sahu Town Inspector, P.S. Civil Line, Bilaspur, District Bilaspur, Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For petitioners : Mr. Humanyu Kabeer, Advocate For Respondent-State
: Mr. Anurag Tripathi, P.L. Hon’ble Shri
Arvind Kumar Verma, Judge
Order on Board 14/08/2025
1. The present writ petition has been filed seeking following relief:- (1) This Hon'ble Court may be kind enough to issue a writ in the nature of
2 Mandamus or suitable direction to the respondent authorities to show cause before this Hon'ble Court as to why is the petitioner's shop is being prohibited from operating during the night shift. (ii) This Hon'ble Court may be kind enough to issue a writ in the nature of Mandamus or suitable direction to the respondent authorities to provide the petitioner with a notice, warrant, or any written explanation before acting upon the working hours of the petitioner's shop. (iii) This Hon'ble Court may be kind enough to issue a writ in the nature of Prohibition or suitable direction to the respondent authorities to restrict from interfering with the operation of the petitioner's shop during night shift unless with a lawful ground reduced to writing. (iv) This Hon'ble Court may be pleased to pass any other order(s) as it deems fit, in the interest of justice.
2.
Learned counsel for the petitioner has registered his shop with the department of Labour under Section 5 of the Chhattisgarh Shops and Establishments (Regulation of Employment & Condition of Service) Act 2017, which allows the petitioner to operate his food and confectionery shop “Tea Break” 24 hours a day, but the respondents have repeatedly disturbed its operation at night on the grounds of over crowding and sensitivity of the location. On 08.06.2025, the respondents arrived at the petitioners shop around 1 a.m. humiliated the customers, working staff of petitioner’s shop by punishing them and hurling abuses at them, and threatened the petitioner to stop opening the shop after 10 pm on a day despite the petitioner’s attempts to show to copy of the registration obtained by him, in this regard, the petitioner on 18.06.2025 wrote an application to the Superintendent of Police Bilaspur and prays for appropriate direction.
3. At the outset, this Court is of the opinion that till date the
3 respondent authority has not passed any order against the petitioner and there is no good ground to entertain the present writ petition, therefore the present writ petition is not maintainable. However the petitioner is at liberty to pursue his grievance before the concerned Superintendent of Police.
4. Accordingly, the present writ petition stands dismissed.
Sd/-
(Arvind Kumar Verma) Judge Jyoti