e ir^^ (^/^FOT? 2— IN THE HI_6H_COURT_OF JUDICATURE AT BILASPUR •c?_ _.._. .__ __. WRIT PETITION N0. 5~z/c/ QF 2006 PETITIONER ^ Smt. Nirmala Mahulkar, wife of Shri Y.R. Mahulkar, aged about 65 years, r-esident of Pachpedi Naka, Raipur. vs RESPON&ENTS GV / 1. State of Chhattisgarh, through the Secretary, Ministry of Excise, D.K.S. Bhawan, Raipur. ^ 2. The Collector, Raipur. /-3. The Assistaiit Commissioner (Excise), Raipur. • 4. Niranjan Agarwal, son of Shri Ramlal Agarwal, aged about 45 years FL-III Licensee, Hotel Comic, Pachpedi Naka, Dhamtari ^v^^'^V/^ Road, Raipur. WRIT PETITION UN&ER ARTICLES 226 & 227 QF THE CONSTITUTION OF INblA XI-HC-22 3TIcRT5BT R-fi<*3I1^T sriro B)%<T StiflW 3^ •<11<IICI<<, ®Tfl<rl'IS,Rtll^y *<1*1MI SBfKO an^r Ul, RTiisrai ?....^.o.^ 200 ^ R'b«A sn^TewiWBf^T DIVISIONBENCH: HON'BLE SHM V.K.SHRT»rAST.f HON'BLE SHRI DHIRENDRA MSHRA. JJ 11.01.2007 learjied bb ShriB. P.8harma, Shri Vinay Harit, State/respondent Nos. 1,2 &| Heard. From perusal of the only question remains to licence in favour of the 4th re^ In pursuant to the 10137/2006. Considered. Allowed. Documents (1) Draft| dated 15.06.2002 and (3) sn] record. During argument leari accordance with circular dat prescribed necessity of five r« in possession of respondent That apart the business p] highway. He further referril necessary enquiry the proc^ been passed. Leamed couns| Here it is pertinent to of her building for the bul obtaining license is continuy vide notification dated 02/0^ <t>l<<Il"l<l1-1 t|H(lTffte^t<Rlt<;K ^aiKlKsii^r WA& counsel for the petitioner. learned Dy. Advocate General for the 3. irder passed by this Court dated 05.10.2006 explored is the legality of grant of renewal of ipondent. said order the petitioner has filed I.A. No. amendment dated 18.09.2000, (2) Circular ond paged of letter dated 09.08.2002 taken on led counsel for the petitioner contended that in sd 09.08.2002 for bar licence Govemment had loms or inore whereas the first floor of building No.4 does not fulfill the criteria of five rooms. ace is situated near a temple and national ig to Annexure P-2 contended that without sdings have been conducted and orders have sl for respondents No. 1 to 3 opposed the same. Tiention that petitioner herself let the first floor siness ot bar to respondent No.4 who after the said business therein. State Govemment '/2006 has amended the rules. ^Admittedly the XI-HC-22 STI^T^T R-fi+SII^T SB*< ^rf5(T SB*<iqi raju 'n>\N 3^' '<<1<IICI<1, SiTfl+f'16, Iqcliyy 3ii^iMsi<ft *II*IMI sn*iit0 ••••••••••••••••••••• g^ 200(3 R<l«d' sii^TswiWHfer z- temple is not managed by ^ °ni<<Ici41-i t|wnTfffe^<Ri«i< ^3I^T3t1^fT ny public trust and no matenal is available to establish that whatever con|ditions have been prescribed after amendment is being violated. So far the dispute r^garding availability of five rooms is concerned that condition has been impjssed by the Government and that was vai-iable. Even otherwise from the prc(ceedings enshrined in Case No. 35/2004-05 of the department it is eviderjt that Officers of the department verified the place and certified availabifity of six rooms. Even in case there is any dispute that is a dispute of f^ct which requires elaborate evidence and while dealing any matter under Ai|ticle 226 of the Constitution of India this Court is not obliged to enter in ^ny such type ol factual enquiry. After State amendment, that remains televant, and not the Draft amendment which has no force of implementat|on. According to the aver)nent of the petition the petitioner is a landlord and respondent No.4 his tejiant therefore if any business in contravention of any law is being carried o] him in accordance with law.l In view of the above nothing which may call for i 226 of the Constitution. jtt by the tenant, petitioner may proceed to evict we are of the considered opinion that there is nterference by this Court by stepping in Article With the aforesaid o|)servation the petition is disposed of. However the petitioner if advised rjiay take suitable steps for her redressal in accordance with law before ^ Sd/- V.K. Shrivastava Judge tpprc>priate forum. Sd/- ^rednra^lla jud&e (^^t)