z. <;T ft-p-f{. _5J_^ HIGH CQURT OF JUDJCATURE CHHATTiSGARH : BILASPUR (Division Bench) CORAM : HON'BLE SHR3 S.R. NAYAK, CJ. & HON'BLE SHRI D.R. DESHiVEUKH, J -^' WR!T PETITION N0.2820 OF 2005 FORCONSiDERATION Sd/- Chief Justice "-^>- HON?BLE SHRJ D.R. DESHMUKH, J Sd/- DUip Raosaheb Deshmukh Judge POST 1T FOR PRONOUNCE^4ENT OFORDERON: 06/03/2006 Sd/- Chief Justice ^ ^. ?'-/?. 513 HSGH COURT OF JUDICATURE CHHATTISGARH : BSLASPUR (DIVISJON BENCH) CORAM : HON'BLE SHR! S.R. NAYAK, CJ. HON'BLE SHRI D.R. DESHMUKH, J. WRITPETJT}QNJiQ^820 OF2^^^^^ "-W PET1TIONERS •T f...r 1. Rishi Dikshit, S/o G.S. Dikshit, Aged about 28 years, R/o Bada Chowk, Shyam Nagar Raipur, Dist. Raipur (C.G.) 2. Rajesh Parihar, S/o Shri Onkar Singh Parihar, Aged about 38 years, R/o A-1 Maitri Vihar. Amlidi Road, New Puralna, RaEpur. 3. Natraj Sharma, S/o R.D. Sharma, Aged about 42 years, R/o B-1/22 Rohini Puram, Raipur 4. Tarunesh Parihar, S/o Shri Onkar Singh Parihar, Aged about 34 years, R/o Shyam Nagar, Near Ntkki Piastic, RaEpur 5. Manharan Yadav, S/o Sukhram Yadav, Aged about 48 years, R/o 65, Samta Colony, Raipur 6. Dilharan Yadav, S/o Sukhram Yadav, Aged about 42 years, R/o 65, Samta Coiony, Raipur 7. Anupam Raghav, S/o S.S. Raghav, Aged about 26 years R/o IVJSG -6 Mahavir Nagar, Raipur Versus RESPONDENTS 1. State of Chhattisgarh, Through the Secretery, Department of Commercia! Taxes (Exise), D.K.S. Bhawan, Mantraiaya, Raipur (C.G.) 2. The Chief Secretary, State of Chhattisgarh, D.K.S. Bhawan, Raipur 3. The Excise Commissioner, State of Chhattisgarh, Raipur (C.G.) 514 -^ ^ 4, The Collector, Raipur, Dist. Raipur (C.G.) 5. The Collector, Bilaspur, Dist. Bilaspur 6. The Coiiector, Raigarh, Dist. Raigarh (C.G.) 7. The Collector, Mahasamund, Dist. Mahasamund (C.G.) 8. The Collector, Durg, Dist. Durg (C.G.) 9. The Collector, Janjgir-Champa, Dist. Janjgir-Champa (C.G.) 10. The Coliector, Surguja, Dist. Surguja 11. The Coliector, Rajnandgaon, Dist. Rajnandgaon (C.G) 12. The Collector, Dhamtari, Dist. Dhamtari 13. Amit Singhai, S/o Hukumchand Singhal, Behind State Bank, DhamSari (C.G,) - Licence of Group No. 1, Ganjpara, DistricS Dhamtari Address for semng the notice-C/o The Exc/se Commissioner, State of Chhattisgarh^ Raipur(C.G.) 14. Rupesh Jhanwar, S/o Madanlai Jhanwar, Shanti Nagar, Dhamtari (C.G.)- Licence of Group No. 3, Gokuipur, District Dhamtari. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgarh, RaipurfC.G.) 15. Surinder Singh, S/o Chanderdev Singh, Housing Board Bhilai-Licence of Group No. 4, Tikrapara, DJstrict - Dhamtari Address for sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 16. Mukhdev Singh, S/o Late Dashrath Singh, Parijat Colony, Biiaspur (C.G.) - Licence of Group No. 6, Kurud, District Dhamtari Address for sen/ing the notice-C/o The Ex^lse Commissioner, StateofChhattisgaiti^ Ralpur(C.G.) 515 ~-J 17. Onkar Das, S/o Late Narayan Das Rathi, Saja, Post Saja - Licence of Group No. 7, Kondapar District Dhamtari Address for servlng the notlce-C/o The ExaiseCommissioner, State of Chhattlsgarh, Raipur(C.G.) 18. Rekhram, S/o Guhelram Sahu, Gram Rudri, Distt. Dhamtari - Licence of Group No.8, Bhakara, District Dhamtari. Address for seMng the ncriice-C/o The Excise Commissioner, State of Chhattisgarh, Ralpur(C.G.) 19. Ani! Pai, S/o Kewa! Pal, G.E. Road, Civii Lines, Raipur - Licence of Group No.9, Magarlod, District Dhamtari. Address for sen/lng the notice-C/o The - Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 20. An/ind Singh, S/o Upendra Singh, Raipur, Raipur (C.G.) - Licence of Group No. 5 Sahdeopali, DistrEct Raigarh. Address for sen/ing the notice-C/o The Exc/'se Commissioner, State of Chhattisgarh, Raipur(C.G.) 21. Surendra Prasad Gupta, S/o Ramratan Prasad Gupta, Gram - Tiida, Purani B, Raipur (C.G.) - Licence of Group No. 6, Sarangarh, Djstrict Raigarh. Address for sewng the notice-C/o The Exc/se CommsssiGner, State of Chhattisgarh, Raspur(C.G.) 22. Brajesh Singh, S/o Shivsevak Singh, Kumharpara Jagatpur, Dimrapur, City Kotwali, Raigarh (C.G.) - Licence of Group No. 11, Baramkela, District Raigarh. Address for sen/ing the notioe-C/o The Excise Commissioner, State of Chhattisgarl-}, Ralpur(C.G.) 23. IVSunna Singh, S/o Ramlagan Singh, Lochan Nagar, Chakardhar Nagar, Raigarh (C.G.) - Licence of Group No. 14, Gargoda, District, Raigarh. Address for seiving t'ne notice-C/o The Exc/se Commlssioner, State of Chhattisgaiti, Raipur(C.G.) 24. Shlv Shankar, S/o Shrihari Lal Ranal, Patna, Baikunthpur, Dist. Korea (C.G.)- 51 <:/' Licence ofGroup No. 16, Dharamjaigarh, District Raigarh. Address for serving the notioe'C/o The Exc/se Commissioner, State of Chhattisgarh, Raipur(C.G.) 25. Pradeep Gupta, S/o Triveni Gupta, Azad Nagar, Godripara, Manendragarh, Dist. Korea (C.G.) - Licence ofGroup No. 13, Kharsia, District Raigarh. Address for seMng the notice-C/o The Exc/se Commissioner, State of Chhattisgait}, Raipur(C.G.) 26. Himanshu Pandhar, S/o Chaitanya Pandhar, Kumharpara Jagatpur, Dimrapur City Kotwali, Raigarh (C.G.) - Llcence of Group No. 15, Laikunga, District Raigarh. Address for sen/ing the notice-C/o The Exc/se Commlssioner, State of Chhanisgaftt, Ralpur(C.G.) 27. Shrawan Kumar Tiwari, S/o Ramnivas Tiwari.G.E. Road, Civil Lines, Raipur (C.G.) - Licence of Group No. 3, Ghodari, District Mahasamund. Address for sewng the notice-C/o The Exoise Commissloner, StateofChhattisgarfi, RaspurfC.G.) 28. Anii Kumar Gupta, S/o Rajkumar Gupta, Jodhapur Ward, Dhamtari (C.G) - Licence of Group No. 5, Bhurkoni, Distrlct Mahasamund. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of ChhaWsgarfi, Raipur(C.G.) 29. Babulal Satnami, S/o Munnilal, Parsada, Thana - Khar, Dist. Raipur (C.G.) - Licence of Group No. 6, Pithora, Districf Mahasamund. Address for seMng the notice-C/o The Exc/se Commissioner, StateofChhattisgarh, Raipur(C.G.) 30. Madan Yadav, S/o Yadu Yadav, G.E. Road, Civil Lines, Raipur (C.G.) - Licence of Group No. 7 Bagbahra, DJstrict Mahasamund. Address for sewng the nctf/ce-C/o The Excise Commissioner, State of Chhattisgarh, RaJpur(C.G.) 31. Diii Paiai, S/o K.C. Paiai, Netaji Chowk, \'^' •t s 517 •^- Katora, Raipur (C.G.) - Licence of Group No.8, Komakhan, District Mahasamund. Address for sen/ing the notice-C/o The Excise Commissioner, State of Chhattisga^, Raipur(C.G-) 32. Shivbabu, S/o Hari Prasad, Sector - 3, Shankar Nagar, Raipur (C.G.) - Licence of Group No.1 - Sarkanda, District Bilaspur. Address for serving the notice'C/o The Exc/se Commissioner, StateofChhattisgarh, Raspur(C.G.) 33. Babban Roy, S/o Temri Roy, Rajendra Nagar, Janta Colony, Civil Lines, Raipur (C.G.) - Licence of.Group No. 2, Mungeli Naka, District Bllaspur. Address for serving the ,notice-C/o The Exc/se Commissioner, State of ChhaHisgarh, Raipur (C.G.) 34. Ramraj Yadav, S/o Visheshwar Yadav, Budhwari Bazar, Sakti, Dist. Janjgir- Champa (C.G.) - Ucence of Group No. 3, Kota, District Bilaspur. Address for serving the notice-C/o The Exc/se Commissioner, State of Chhattisgait^, Raspur(C.G.) 35. Surendra Jaiswai, S/o B.N. Jaiswal, Singroli, Baiden Dist. Sidhi (M.P.) - Licence of Group No. 7, Chilhati, District Bilaspur. Address for sen/ing the notice-C/o The Excise Commissioner, StateofChhQttisga^., Raipur(C.G.) 36. Ram Iqbal, S/o Kesho Yadav, Sector - 3, Shankar Nagar, Raipur (C.G.) - Licence ofGroup No. 9, Sakri, District Bilaspur. Address for semng the notice-C/o The Exc/se Commissioner, Stateof Chhattisgarti, RaipurfC.G.) 37. Siyaram Yadav, S/o Ramhiiavan Yadav, Parijat Colony, Bilaspur (C.G.) - Licence ofGroup No. 14, Hirri , District Bilaspur. Address for serving the notice'C/o The Excise Commissioner, Stateof Chhattisgarh, Raipur(C.G.) 38. Janii Sharma, S/o Bhudani Sharma, Sector - 3, Shankar Nagar, Raipur (C.G.) - Licence of Group No. 22, Chuchuhiya Para, District Bilaspur. 518 6 --^ Address for serving the notice-C/o The Excise Commissioner, State of Chhattisga^, Ralpur(C.G.) 39. Jitendra Singh, S/o Jagdish Singh, 15/262, Chandania Para, Beside Canai, Janjgir, Dist. Janj'gir-Champa - Licence of Group No. 1, Badpara, District Raigarh. Address for sen/ing the notice-C/o The Excise Commissioner, State of ChhaWsgarh, Raipur(C.G.) 40. Vinay Prasad Gupta, S/o Vishnu Prasad, 15/262, Chandania Para, Beside Canal, Janjgir, Dist. Janjgir-Champa - Licence of Group No. 3. Posour,District Raigarh. Address for. sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgarh, Raspur (C.G.) 41. Surist Kumar Singh, S/o Kaiiash Singh, 15/262, Chandania Para,Beside Canal, Janjgir, Dist. Janjgir-Champa - Licence of Group No. 3, Surajpur, District Sarguja. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgaiti, Raipur(C.G.) 42. Bholu Singh, S/o Jagdish Singh, 15/262, Chandania Para, Beside Canal, Janjgir, Dist. Janjgir-Champa - Licence of Group No. 2, Hadabandh, Districf Mahasamund. Address for serving the notiw'C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 43. Shiv Kumar Yadav, S/o Bhoia Yadav, 15/262, Chandania Para, Beside Canal, Janj'gir, Dist. Janjgir-Champa — Licence of Group No. 19, Tifra, District Biiaspur. Address for sen/ing the ndtice-C/o The Excise Commissioner, State of Chhattisgaiti, Raspur(C.G.) 44. Satendra Singh, S/o Ram Narayan Singh, 30, Block B, House No. 4, RSB Tower, Tar Bahar, Biiaspur (C.G.) Licence of Group No. 4, Vijaypur, District Raigarh. Address for serving the notise-C/o The Excise Commissioner, State of Chhattisga^i, Ralpur(C.G.) 519 ^^ 'r ^ 45. Abhay Singh, S/o. Laxmi Singh, 30, Block-B, House No.4, RSB Tower, Tar Bahar, Bilaspur (C.G.) - Licence of Group No.7, Godam District, Raigarh. 46. Dhanesh Singh, S/o. Suresh Singh, 30, Block-B, House No.4, RSB Tower, Tar Bahar, Bilaspur (C.G.) - Licence of Group No.13, Chakarbhata, District, Bilaspur. Address for sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 47. Kamta Prasad, S/o. Ganga Prasad Choubey, Lochan Nagar, Thana - Chakardhar Nagar, Raigarh (C.G.) - Licence of Group No.2, Jalampur Ward, District Dhamtari Address for seMng the notice-C/o The Excise Commissioner, StateofChhattisgarh, Raipur(C.G.) 48. Munna Singh, S/o. Ram Lakhan Singh, Lochan Nagar, Thana - Chakardhar Nagar, Rai'garh (C.G.) - Licence of Group No.14, Garghoda, District, Raigarh. Address for semng the notice-C/o The Exc/se Commssstoner, State of Chhattisgarh, Raipur(C.G.) 49. Ranjit Singh, S/o. Ramdhir Singh, Houss No.27/126, Vinoba Nagar, Boirdadar, Raigarh (C.G.) - Licence of Group No.8 Jashpur, District Raigarh. Address for seMng the notice-C/o The Exc/se Commissioner, State of Chhattisgarh, Ralpur(C.G.) 50. Ram Pravesh Singh, S/o. Late Hardwar Singh, House No.27/126, Vinoba Nagar, Boirdadar, Raigarh (C.G.) - Licence of Group No.4, Raipura, District, Raipur. Address for semng the notice'C/o The Exc/se Commissioner, State of Chhattisgait], Raipur(C.G.) 51. Ramesh Singh, S/o. Sharda Singh,27, Kholi, Vikas Nagar, Bilaspur (C.G.) - Licence of Group No.9, Khamtarai, Dlstrict Raipur. Address for serving the notice-C/o The Exc^'se Commissioner, State of Chhattisgarh, RaipurfC.G.) 520 -^ 52. Chote Lal Singh, S/o. Jagardev Singh, 27, KhoSi, Vikas Nagar, Bilaspur (C.G.) - Licence of Group No.8, Jarhagaon, District, BJiaspur. Address for sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgaiti, Raspur(C.G-) 53. Phooichand Yadav, S/o. Ramkhilavan Yadav, 27, Khoii, Vikas Nagar, Bilaspur (C.G.) - Licence of Group No.18, Takhatpur, District, Bilaspur. Address for sen/ing the notice'C/o The Exc/se Commissioner, StateofChhattlsgam, RaipurfC.G.) 54. Subhash Singh, S/o. Shriram Singh, 27, Kholi, Vikas Nagar, Bilaspur (C.G.) - Licence of Group No.20, Godkhami, Dlstrict, Biiaspur Address for sen/ing the notice-C/o The Exclse Commissioner, State of Chhattisgarh, Raipur (C.G.) 55. Kesar Singh, S/o. Bhima Singh, 27, Kholi, Vikas Nagar, BiSaspur (C.G.) - Licence ofGroup No.21, Siidaha, DistrEct Bilaspur. Address for ser/ing the notlce-C/o The Exc/se Commissioner, State of Chhattisgam, Raipur(C.G.) 56. Banwari Shukla, S/o. Awadh Narayan Shukla, Sector 3, Shankar Nagar, Raipur (C.G.) - Licence of Group No.20, Katgi, DJstrict Raipur Address for seMng the notice-C/o The Exc/se Commissioner, State of Chhattisgarti, Raipur (C.G.) 57. Shiv Babu, S/o. Hari Prasad, Sector 3, Shankar Nagar, Raipur (C.G.) - Licence of Group No.1, Sarkanda, District, Bilaspur. AdaYess far sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgaits, Raspur(C.G.) 58. Ram iqbai, S/o. Keso Yadav, Sector 3, Shankar Nagar, Raipur (C.G.) - Licence of Group No.9, Sakri, District, Bilaspur. Address for serving the notlce-C/o The Excise Commissioner, StateofChhattisgarh, Raipur(C.G.) 59. Jani! Sharma, S/o. Bhudani Sharma, 521 •^ ^ Sector 3, Shankar Nagar, Raipur (C.G.) - Licence of Group No.22, Chuchueiya, DistrictBilaspur. Address for sen/lng the nc^ice-C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 60. Santosh Kumar Singh, S/o. Mudrika Singh, House No.190, Pratapganj, Thana - Sarangarh, Rajgarh (C.G.) (C.G.) - Licence of Group No.12, Bade Lengha, District, Raigarh. Address for sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgarh, Rafpur(C.G-) 61. Vikram Biswai, S/o. Radha Nath Biswai, House No.190, Pratapganj, Thana — Sarangarh, Raigarh (C.G.) - Licence of Group No.16, Sarsiwa, District Raipur. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgarh, Raipur(C.G.) 62. Swaran Kumar Tiwari, S/o. Ram Niwas Tiwari, G.E. Road, Civil Lines, Raipur (C.G.) (C.G.)- Licence of Group No.3, Ghorari, Dtstrict Mahasamund. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of ChhaSisgarh, RaipurfC.G.) 63. Madan Yadav, S/o. Yadu Yadav, G.E. Road, Civil Lines, Raipur (C.G.) - Licence of Group No.7, Bagbahra, District Mahasamund. Address for sen/ing the notice-C/G The Exc/se Commissioner, Stateof Chhattisgarh, Raipur(C.G.) 64. Anil Pa!, S/o. Kewai Pal, G.E. Road, Civil Lines, Raipur (C.G.) (C.G.) - Licence of Group No.9, Magarload, District, Dhamtari. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgaiti, Raipur(C.G.) 65. Ashok Lanka, S/o. Purendra Lanka, 14/359, Dabra, Dist. Janjgir-Champa (C.G.) (C.G.) - Licence ofGroup No.27, Bhatapara, District, Raipur Address for seMng the notice-C/o The Exc/se Commissioner, Stateof Chhattisgarh, RaipurfC.G.) 99 ^ ^4 10 66. Manish Upadhyay, S/o. Hriday Narayan Upadhyay, 14/359, Dabra, Dist. Jajgir- Champa (C.G.) (C.G.) - licence of Group No.11, Bhawarpur, District, Mahasamund. Address for sen/ing the notice-C/o The Excise CommissiGner, State of Chhattisgarh, Raipur(C.G.) 67. Mithlesh Paswan, S/o. Bateshwar Paswan, 10/610, Near MemonpuS, Barier Chowk, Champa (C.G.) - Licence of Group No.31, Nayapara, District, Raipur Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgarti, Raipur(C.G.) 68. Shrinivas Pandey, S/o. Tegri Pandey, 10/610, Near Memonpul, Barier Chowk, Champa (C.G.) - Licence of Group No.9, Sakra, District, Mahasamund. Address for serving the notice-C/o The Exc/se Commissioner, State of Chhattisgaiti, Raipur(C.G.) 69. Rakesh Choubey, S/o. Ram Murti Choubey, House No.31/434, !n Front of Arora Enterprises, Dayalbandh, Bilaspur (C.G.) - Licence of Group No.5, Lormi, District - Bilaspur. Address for sen/ing the notlce-C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 70. ' Anil Kumar Mahapatra, S/o. Ba!i Ram Mahapatra, House No.31M34, In Front of Arora Enterprises, Dayalbandh, Bilaspur (C.G.) - Licence of Group No.24, Sanichari, District, Bilaspur. Address for seMng the natice-C/o The Excise Commissloner, State of Chhattisgarh, Raipur(C.G.) 71. Dharmendra Kumar Singh, Nand Lai Singh, House No.31/434, in Front of Arora Enterprises, Dayalbandh, Bilaspur (C.G.)—Licence of Group No.25, Pendra, District - Bilaspur Address for sen/ing the notice-C/o The Exoise Commissioner, State of Chhattisgarh, Raipur(C.G.) 72. Jaggu Yadav, S/o. Dev Charan Yadav, House No.167, Near Forest Naka, Boir Dadar, Chakardhar Nagar, Raigarh - Licence of Group No.6, Malhar, Dlstrict 523 11 - Bilaspur. Address for sen/lng the n^ice-C/o The Excise Commissloner, State of Chhattisgarh, Raipur(C.G.) 73. Uday Singh, S/o. Ram Chaitra Singh, House No.167, Near Forest Naka, Boir Dadar, Chakardhar Nagar, Raigarh - Licence of Group No.10, Seepat, District - Bilaspur. Address for serving the notice-C/o The Excise Commissioner, State of Chhattisgarfi, Raipur(C.G.) 74. Vinod Singh, S/o. Sharda Singh, Jamat Mandir Para, Kawardha (C.G.) Licence of Group No.3, Guriari. Address for serving the notlce-C/o The Exc/se Commissioner, State of Chhattisgarh, RaipurfC.G.) 75. Rampravesh Singh, S/o. Late Haridwar Singh, C/o. Arvind Sahu, House No.27/126, Vinoba Nagar, Boirdadar, PS Chakradhar Nagar, Raipur (C.G.) - Licence of Group No.4, Raipura. Address for seMng the notice-C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 76. Dhiraj Kumar Singh, S/o. Suresh Singh, Baya,Raipur (C.G.) - Licence of Group No.6, Pandri. Address for sen/ing the notioe-C/a The Excise Commissioner, StateofChhattisgarti, Raipur(C.G.) 77. Ranbir Singh, S/o. Rambiias Singh, In front of Dr. Nigam, Katora Taiab, Raipur (C.G.) - Licence of Group No.7, IVIoudhapara. Address for sen/ing the notice-C/o The Excise Commissioner, StateofChhattisga!t), RaipurfC.G.) 78. Sanjay Singh, S/o., Baijnath Singh, Baya, Raipur (C.G.) - Licence of Group No.8, Narmadapara. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgarh, Raipur(C.G.) 79. Ranjit Kumar Shukla, S/o. Gherau Shukla, Behind Kandri Club, Bhawna Nagar, PS. Civil Line, Raipur (CG) - Licence ofGroup No.12, Mana. ^ 524 12 -^" 1 '^. 1 - Address for sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgaiti, Raipur(C.G.) 80. Vikram Biswal, S/o. Radhanath Biswal, Ganpat Lal Kedia, House No.190, Pratapganj, PS _ Sarangarh, Dist. Rajgarh (C.G.) - Licence of Group No.16,Sarsiwa. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgarh, Raipur(C.G.) 81. Lalita Prasad Gupte, S/o. Karmchand Sao, Rajesh Centre Time, Adarsh Lodge, Sadar Bazar, Baloda Bazar, Raipur (C.G.) - Licence of Group No.18, Bilaigarh. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgait], Raipur(C.G.) 82. Akhilesh Yadav, S/o. Dinanath Yadav, Azad Nagar, Godripara. Mansndragarh, District, Korea (C.G.) - Licence of Group No.19, Ghatmarwa. Address for sen/ing the notice-C/o The Exc/se Commissioner, State of Chhattisgarh, Raipur(C.G.) 83. Banwari Shukla, S/o. Awadh Narayan Shukla, Sector - 3, Shankar Nagar, Raipur (C.G.) - Licence of Group No.20, Katgj Address for serving the notice-C/o The Excise Commissioner, State of Chhattisgarh, Raipur (C.G.) 84. Navneet PandeyrS/o. Balinath Pandey, 5/12. Bazarpara, Baridwar. Tahsil - Sakti, Dist. Janjgir - Champa (C.G.) - Licence of Group No.21, Baya. Address for semng the notice-C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 85. Sardha Singh, S/o. Saryu Singh, Near Niharika Talkies, Korba (C.G.) - Licence ofGroup No.25, Rasera. Address for sen/ing the notice-C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 86. Sunil Gupta, S/o. Yamuna Sahu, Biiaigarh, Raipur (C.G.) - Licence of Group No.26, Simga. r—:^ 525 13 '-.^ Address for semng the notice-C/o The Exc/se Commissioner, State of Chhattisgarfi, Raipur(C.G.) 87. Ashok Lenka, S/o. Purendra Lenka, House No.14/359, Dabhra, District Janjgir - Champa (C.G.) - Licence of Group No.27, Bhatapara. Address for semng the notice-C/o The Excise Commissioner, State of ChhaWsgattt, Ralpur(C.G.) 88. Pawan Singh, S/o. Kedar Singh, Near Niharika Talkies, Korba (C.G.) - Licence ofGroup No.28, Fingeshwar. Address for sen/ing the notice'C/o The Excise Commissioner, State of Chhattisgarh, Raipur(C.G.) 89. Mithiesh Paswan, S/o. Bateshwar Paswan, 10/610, Near Memon Pooi, Bam'er Chowk, Champa (C.G.) - Licence of Group No.31, Navapara. Address for sen/ing the noilce-C/o The Exc/se Commissioner, State of Chhattisgarfi, Raipur(C.G.) ^ Present: Shri P. Diwakar, learned Sr. Advocate with Shri P.R. Pdatankariearned counsel for the petitioners. Shri Prashant Mishra, learned Addl. Advocate General with Shri Utkarsh Verma, leamed Dy. G.A., for respondents 1 to 12. Shri Somnath Verma, learned counsel for respondents 13, 14,18,69 and 70. Shri Prateek Sharma learned counsel for respondents 15,19 and21. Shri V.G. Tamaskar, learned counsel for respondents 23,24, 25,26 and 48. Shri P.K.C. Tiwari, leamed Sr. Advocate with Shri Shashibhushan for respondents 41, 47,60,82,84 and 86. Shri V.R. Tiwari, learned counse! for respondente 27, 28, 54 and 62. Shri Akhil Mishra and Shri Vivek Shrivastava iearned counsel for respondents 34, 49 and 43. ^•il 526 14 ^ -^' '\ Shri Sanjay K. Agrawal, learned couhsel for respondents 31, 42, 61,66, 68 and 80. Shri Vishnu Koshta with Shri N.P. Koshta learned counsel for respondents 29and 63. Ku. Samta Jain, learned counsel for respondents 51, 52, 53 and 55. Shri Abhishek Sinha, learned counsei for respondents 20,22, 33,65 and 87. Shri Rajiv Shrivastava, learned counsel for respondents 32, 36.37,38, 56,57. 58,59,74,83.85 and 88. Shri B.P. Sharma, learned counsel for respondents 67, 76, 77, 78,81 and 89. Shri Ali Asgar, learned counsel for respondent No.35. Shri Rakesh Tiwari, learned counsel for respondents 49, 50 and 73. Smt. Mallika Bal, learned counsei for respondents 44, 45,70 and 71. O RD E R (Passed on 6th of March, 2006) The following order of the Court was passed by S.R. NAYAK, CJ: The instant writ petition is an off-shoot of the writ proceedingsinstituted before this Court and subsequently landed before the Hon'ble the Supreme Court culminating in the judgment in Ashok Lanka and another Vs. Rishj Dixit and others1. On an earlier occasjon, one Jitendra Pali had fiied Writ Petition No.706 of 2005 as a Public Interest Litigation in this Court. The petitioner herein had also filed Writ Petition N6.956 of 2005. Originally, in the said writ petitions, the validity ofthe changes made in the selection process, namely, frommanualto 1. 2005 AiR SCW 2676 \-/ 527 15 \ 1 computer was assailed, but, an application for amendment of the writ petition was made on 09/03/2CX)5 wherein it was contended that the selection process adopted by the State was vitiated, inter alia, on ihe premise that no affidavit was filed by the applicants as was mandatoriiy required by Rule 9 of the Chhattisgarh Excise Settlement of Licences for retail sale of Country/Foreign Liquor Rules, 2002 (for short (the Rules') as amended with effect from 22/03/2005. The contention raised on behalf of the State after the amendment dated 22/03/2005before this Court was that Rule 9 of the Rules was directory in nature and in any event, as the said Ruie was amended in consonance with the powers of the State regarding retrospective amendment of the Rules, the sefection process wasnotvitiated. (2) This Court upon analyzing the provisions of the Chhattisgarh Excise Act, 1915 (No. II of 1915) (forshort 'the Act') and the Rules framed thereunder was of the opinion that the State was entitled to make the selection of the eligible candidates through computer. This Court, however, opined that the District Level Committees did not make any scrutiny whatsoever to find out as to whether the appiicants concemed satisfied the eligibility conditions laid down in Rule 9 or not, as no information was required to be furnished in the format prescribed by the Commissioner of Excise in that behalf. This Court further opined that the disclosure of such information by the applicants even before the submission of applications was necessary so as to enable the authorities to satisfy themselves about fhe fulfillment of various ellgibility conditions specified in Rule 9 of the Rules. !n that view of the matter, this Court by Ets order dated 31.03.2005 disposed of Writ Petition No.956/2005 filed by the petltioner herein directing that a fresh selection be made in terms of 528 16 <i •^ the extant Ru!es. This Court while rejecting the wider chalienge on the Excise Poiicy, held that the ClrcuEar dated 14.02.2005 issued by the Commisssoner of Excise was contrary to the Ruies as regards eligibiSity criteria Said down in Rule 9 thereof were dispensed with. This Court aEso held that the applications filed by the applicants were not properiy scrutinized, except the requirement of Rule 9 ( c ), namely, whether the appiicants were back-iisted or otherwise not eilglble. While hoiding that the application fees to the extent to 77 crores collected by the State need not be refunded, this Court directed scrutiny of about 2.65 lakhs applications by the respective Districts Level Committees for their satisfaction that al! eligibiiity requirements stand satisfied whereafter only that draw of iottery may take place. Thls Court, however, for the reasons stated in the judgment although not directed for calling for fresh appiications but mandatedthe State to consider the necessary information required from the appiicants by wav of affidavits before the candidates are seiected for grant of Isquor licence. (3) The State of Chhattisgarh as weil as sevsra! se!ected candidates being aggrieved by the above order of this Court preferred appeais to the Supreme Court under Article 136 of the Constitution of India. Shri Ashok Lanka, who was the intervener in the writ petition fi!ed before this Court, also fiied an appeal before the Supreme Court, which was registered as Civil Appeal No.3279 of 2005 (arising out of SLP (C) No.11320/2005). By an order datsd 08.04.2005, the Supreme Court stayed the operation of the above order of this Court subject to the condition that if the Government desires to award the contract as an interim arrangement to the successful bidders, it shafi do so on!y after obtaining the necessary approval of the Committee already constituted for 529 17 -^ v1^ consideration of the applications. The said order was communicated to the State Government on 09.04.2005. The appiscations of the seiected candidates were scrutinized on 10.04.2005and 11.04.2005 and licences were granted to the so-calied successful bidders on 11.04.2005 and 12.04.2005. , (4) The Supreme Court disposed of a!I those appeais by its common judgment dated 11.05.2005 In Ashok Lanka1 (supra). The Supreme Court has affirmed the judgment of thss Court insofar as the mandatory nature of the stetutory ruies is concerned and its vioiation committed by the State Authorities. The Supreme Court while disposing of the appeals has issued certain direction to the State Government and its authorities. Paragraph 92 of the judgment contains the directions which read as follows: i) The Member-Secretary shall scrutinize ali the appiications of the successfulcandidates afresh and prepare a summary report within one week from date. ii) Irrespective of the format prescribed by the Commissioner of Excise, each of the selected candidates must fiie an appropnate affidavit, which wouid be in strict compiiance of the requirement of Rule 9. iii) Such affidavit must be filed before the respective