HK3H COURT OF CHHATTISGARH: BiLASPUR WRIT PETITION (0 N0.3964 OF 2007 PETiTIONER RESPONDENTS 1. Ramadhar Shukte, aged about 64 years, son of Late Shri Gaindu Prasad Shukla, Resident of Pahadi Chowk, Gudhiyari, Raipur. Versus State of ChhatUsgarh, through Secretsu'y, Excise, D.K.S. Bhawan, Raipur (CG). 2. Municipal Corporation, ttirough Its Commissioner, Raipur (CQ). 3. Sujeet Das, son of Kartik Das, R/o Netaji Chowk, Kotara Taiah, Byran Bazar, Raipur. 4. Smt. Shiv Kanya Kesharwani, aged about years, W/o Shri Ram Keshrawani, Gudhiyari, Raipur (CG). 5. -Col!ector(Excise),<fteL'icensingAuthorify, ; OfRce of the Collector (ExcFse), Raipur (Writ petition under Articte 226 of the Constitution af India) Single Bench : Hon'ble Shri Satish K. Agnihotri.J. Ps-esent:- Shri Gautam Bhaduri and Shri Santosh Kumar Tiwari, counsel forthe petitioner. . - Shri Alok Bakshi, Govt. Advocate for the State. Shri H.B. Agrawal, Sr. Advocate with Ms Meera Jaiswai, Advocate for ths respondent No.?. ORDERiORAU (Passed on this 9'" day ofJuiy, 2009) Heard learned counsel for the parties. 2) The petitioner, who claims to be a resident of Pahadi Chowk, Gudiyari, Raipur, where the liquor shop in dispute is sifciated, has filed ths Instant writ petition on the ground that the eonsumars <rf the liquor are creating nuisance and disturbing the peace and tranquility of ft»people liying in the iocality. - 3) Learned counsel appearing for the petitioner submits ttet there is a tempte wtthin the periphery of 50 mtrs. from the shcy in disputa. The iicense for running liquor shop was granted to one Sujeet Oas, S/a Kartik Das (respondent No.3 herein). The condition of license provides, inter alia, thatthe iiquor sotd in the shop shall not be cwisumed within the preraises. . k '?"-. ¥- Gowri -Z-- 4) Photographs, as annexed to the apptication dated 6-2-20CS, indicate that three persons nearby some shops are consuming Iquor. However, N Is not ciear from the said photographs asto whether it is close to the liquor shop in dispute or away from the shop. 5) The State Government, pyrsuant to the order dated 2-12-2008 passed by this Court, has fited affidavit dated 13-1 2-2008 stating as under: "5. It is most humbly submitted by the Sub- inspsctor, Excise Cirde, Raipur City and it has : been found that no person was found consuming liquor nearby the shop and no "Thela" sellingeggs etc. was also found in the vicinity of the stwp. The Panchnama was prepared accordingiy on 12/12/2008 itself. Copy of the Panchnama is being filed herewith as Annexure R-1/A. 6. It is further submitted on behalf of the answering respondents that enquiries were made from certain persons residing in the vteinifr, of the concemed liquor shop, who also toid that the !i(?jQr is not consumed around the shop. Copy of the statement so recorded is being fited herewith as Annexure R-1/B. 7. It is further submitted on behalf of the answering respondents that the Councilor of the ' concerned Ward No-9, in which, the shop is situated, has also given it in writing before the Collector, Raipur that, there is rio objection in ' operating the shop at the present place and she has also assured for maintenance of peace in ttie sun-ounding area. A copy of letter dated 1/6/2008. is filed herewith as Annexure R-1/C. Similar ietter has also been given by the Councilor, which has .already been annexed w'rth the return of th$ answering respondents. Even otherwise, it -is worth to mention here thatthe concemed shop fe situated in the main market area. It is pertinent to mention that adjacent to the instant iiquor shop, two of the shops ars also situated which afe owned by the petitioner himseif." 6) Having examined the pleadings inciudmg the affldavit dated 13-12-2008, it is not established that the nuisance is being created in the iocality on account of consumption or sale of liquor by the shop in dispute. 7} tn view of foregoing, there is no merit m this writ petitton and the same deserves to be and is accordingly dismissed. No order asto costs; However, it is directed that the State authorities shail ensure that the terms and conditions as prescribed tn the license are comptied with in its letter and spirit in future also. —-^-,——— Satish K.Agnihotri , Judge .