1 / 3 2025:CGHC:299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2 of 2025 Meghraj Jivnani S/o Late Chelaram Jivnani Aged About 63 Years License Holder Fl 3, Heavens Park Hostel Bar, Bilaspur, R/o Sd7 Chandela Vihar, Bilaspur, P.S. Civil Lines, Tahsil And District Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department of Commercial Tax (Excise), Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 2 - The Commissioner Excise Department, Indravati Bhawan, Atal Nagar Nawa Raipur Chhattisgarh 3 - The Collector (Excise) District Bilaspur Chhattisgarh 4 - The Assistant Commissioner Excise, Bilaspur District Bilaspur Chhattisgarh ... Respondent(s) For Petitioner : Mr. H.S. Ahluwalia, Advocate For Respondents/State : Mr. Praveen Das, Dy.A.G. Hon'ble Justice Shri Bibhu Datta Guru Order on Board AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.06 10:31:15 +0530 2 / 3 03/01/2025 1. By the present writ petition, the petitioner is questioning the order dated 27/12/2024, by which, the FL 3 license granted to the petitioner has been suspended for a period of 15 days i.e. upto 11/01/2025. 2. Learned counsel for the petitioner submits that a show cause notice was issued to the petitioner and the petitioner has submitted its reply explaining the allegation leveled against him, but without considering the explanation filed by the petitioner, the order impugned has been passed by a non-speaking and unreasoned order. 3. Learned counsel for the State submits that though the impugned order is not reflecting the consideration of the explanation submitted by the petitioner, but from the note sheet of the Collector, it appears that the explanation has been considered and the order impugned has been passed. 4. I have heard learned counsel for both the parties. 5. It appears that a show cause notice was issued to the petitioner on 09/12/2024 alleging that from the hotel of the petitioner, some liquor bottles of other States were found, which amounts to the violation of the condition 21 of the License. The petitioner submitted his explanation vide Annexure P-4 to the Collector, Bilaspur (C.G.) on 20/12/2024 explaining that some of the customers of the hotel left the bottles in the hotel and the said 3 / 3 bottles are not belong to the petitioner. The said fact has not been considered by the respondents. The petitioner explained that no condition of the license has been violated by him. However, the impugned order by which the license has been suspended for a period of 15 days does not reflects the consideration of explanation submitted by the petitioner. The order appears to be a non-speaking and unreasoned order, hence, the order impugned dated 27/12/2024 passed by the Collector(Excise)/respondent is liable to be and is hereby quashed. The respondents may take fresh action against the petitioner in accordance with law, if so desires. 6. With the aforesaid observation(s) and direction(s), this petition stands disposed of. 7. The pending interlocutory application(s), if any, also stand disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep