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2026 DAILYLAW 17683 (CHH)

TIMIRUPADHYAY v. STATE OF CHHATTISGARH

WPC/844/2026 · 2026-02-27

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:10518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 844 of 2026 1 - Timirupadhyay S/o Laxman Prasad Upadhyay Aged About 40 Years R/o Village- Hirmi, P/S Suhela, District- Balodabazar-Bhatapara, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Excise, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - The Commissioner Department Of Excise Chhattisgarh, Raipur, Chhattisgarh. 3 - Collector District- Balodabazar-Bhatapara, Chhattisgarh. 4 - District Excise Officer District- Balodabazar-Bhatapara, Chhattisgarh. 5 - Sub Inspector, Excise Circle Simga, District- Balodabazar-Bhatapara, Chhattisgarh. ... Respondents (Cause title, as taken from CIS system) For Petitioner : Mr. Shailendra Dubey, Advocate with Mr. Rohan Sharma, Advocate For State/Respondents : Mr. Vinay Pandey, Dy. Advocate General (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 28/02/2026 1. Heard. RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.02.28 17:03:18 +0530 2 2. This petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:- “10.1 To call for the entire records pertaining to the petitioner’s case for the kind perusal of the Hon’ble Court; 10.2 To quash and set aside the impugned letter dated 27/01/2026 (Annexure P-1) issued by the Respondent No.04 permitting opening of English Liquor Shop at Village Hirmi. 10.3 To direct the respondent authorities to not open any liquor shop on Gram Panchayat/Government land at Village Hirmi. 10.4 To direct the respondent authorities to consider the representations submitted by Gohar Jan Seva Samiti and Anjor Gram Mahila Sangathan (Annexure P/4). 10.5 Pass any other order deemed fit and proper in the interest of justice.” 3. Learned counsel for the petitioner submits that earlier a liquor shop was functioning within the limits of Gram Panchayat Hirmi, which was closed/removed by the Gram Panchayat due to strong objections from villagers, women’s organizations, and public representatives, as the same was causing serious social disturbance, nuisance, and an increase in criminal activities in the village. After removal of said liquor shop, it was shifted to Mohra Road. However, the Gram Panchayat Hirmi sent a proposal to the Excise Department to shift the liquor shop from Mohra Road to a building situated over the government land. In response, the Excise Sub-Inspector, Circle Simga, District Balodabazar-Bhatapara has made a communication on 27.01.2026 (Annexure -P/1) to the Sarpanch, Gram Panchayat Hirmi, District 3 Balodabazar-Bhatapara, instructing them to repair the proposed building, prepare a sales counter, and arrange for utilities such as water and electric connection etc. He further submits that if the liquor shop is again shifted within the limits of Gram Panchayat Hirmi, it will cause serious social disturbance, nuisance, and increase criminal activities. He next submits that Gohar Jan Seva Samiti, Village Hirmi submitted a representation dated 04.02.2026 (Annexure -P/4 colly.), which has not been decided yet. Learned counsel also submits that petitioner is the president of aforesaid Samiti. He further submits that Anjor Gram Sangathan (Bihan Mahila Samooh), Hirmi also made a complaint dated 03.02.2026 to the Collector, but the same has not been decided yet. Hence, learned counsel for the petitioner submits that, at this stage, this writ petition may be disposed of with a direction to respondent No.3 to decide representation /application filed by Gohar Jan Seva Samiti, Village Hirmi, and Anjor Gram Sangathan (Bihan Mahila Samooh), Hirmi, within a prescribed period. 4. Learned State counsel submits that the representation and application filed by the aforementioned two associations shall be considered and decided by the respondent No.3 in accordance with law. 5. Having considered the limited prayer made by learned counsel for the petitioner, and without going into merits of the case, this writ petition stands disposed of at this stage. Respondent No.3, the Collector, Balodabazar-Bhatapara is directed to expeditiously decide the representation /application dated 04.02.2026 and 03.02.2026 filed by Gohar Jan Seva Samiti, Village Hirmi, and the Anjor Gram Sangathan (Bihan Mahila Samooh), Hirmi, respectively preferably within a period of 30 days from the date of receipt/submission of a copy of this order. 4 6. With aforesaid observation and direction, the writ petition stands disposed of. 7. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar