''•"'•'^''W^'iW^^S H1GH COURT OF CHHAmSGARH AT BILASPUR DIVISIONBENCH Coram : Hon'bleShriRajeevGupta,C.J.& Hon'ble Shri L.C. Bhadoo, J. W.P. No. 2868/2003 is Wi\ Petitioner Respondents llllln Rakesh Shrivastava, Son of Late Shri Shiv Prasad Shrivastava; Aged about 46 years, Resident of Near Maharashtra Mandal, Brig Dairy, Tikrapura, District Bilaspur {Chhattisgarh) i : • . . . • Versus 1 State of Chhattisgarh, Throygh the Seeretary, Gommercial Tax Department, Govemment of v Chhattisgarh, Mantralaya, D.K.S. Bhawan, Raipur 2 The Commissioner (Excise) Raipur (Chhattisgarh) 3 The Assistant Commissioner (Excise) Bilaspr (Chhattisgarh) 4. The District Collector, Biiaspur (Chhattisgarh) 5. M/s. Goldeh Prince Wine India Pvt. Ltd. Registered Office at Dayal Band, Bilaspur (C.G.) Through its DireGtors- (i) Sardar Gurucharan Singh Bhatia, SonofSurjeet Singh Bhatia (ii) Sardar Gurvinder Singh Bhatia, Son of Sardar Amolak Singh Bhatia (iii) SardarPrince Bhatia Son of Sardar Gurmeet Singh Bhatia 6. M/s. Bhatia Wine Merchant Private Limited , Registered Office, Dayal Band,Bilaspur(C.G.) Through its Oirectore SarelarSuFjeetSinghBhatta.Sonpf Sardar HarbansSingh Bhatia ; Amolak Singh Btiatia, Son Sardar Harbans Singh Bhatia Sardar Suijeet Singh Shatia, Son Of bT ^ Sai-dar?Harl3ians Singh Bhatia 8." Amolak Singh Bhatia, Son of Sardar Harbans Singh Bhatia 9. Union of India, Through Secretary, Department of Environment and Forest, Paryavaran Bhawan, Nevy Delhi. 10. The pollution Control—Board, Through Its Member Secretary, Raipur (Chhattisgarh) 11. Chhattisgarh Audyogik Kendriya Vikas Nigam, Tifra, Bilaspur (Chhattisgarh) 12. Managing Director, Chhattisgarh State Industrial Development And Infrastructure Cooperation, B-4, Shailendra Nagar, Raipur (Chhattisgarh) 13. Director,The Town And Country Planning Department, Bilaspur (Chhattisgarh) 14. Gram Panchayat Parsada, Through its Sarpanch, Parsada, District Bilaspur (Chhattisgarh) WRIT PETITION UNDERARTICLE 226/227 OFTHE CONSTITUTQINOFINDJA ^8 Present: Shri P. Diwakar, leamed Senior Counsel with Shri Adhiraj Surana, for the petitioner. Shri Kishore Bhaduri, learned Addl. Advocate Generai for respondents No. 1 to 4. Shri AshishShrivastava, counsel for respondent No. 5 : . '. :- . Shri Abhishek Sinha, counsel for respondents No. 6,7,8, & 9 ; None for respondents No. 10 to 14 Qrder (15th February, 2008) They are heard on admission: . Petitioner-Rakesh Shrivastava claiming himself tobe a Journalistand public spirited person has filed this writ petition styled as'PubliG Interest Litigation'forthefollowingreliefs:- :3:eS^^1SSWaSk'-WS^S ^/ ;%..y^f"' (i) The Hon'ble High Court may kindly be pleased to declare the action of the respondents State in granting the 3 Letterof Intents dated 12.7.2000 and the License issued in Form FL-9 dated 5.4.2003 (Annexure P-8) in favour of the respondents_as iltegal, arbitrary, unreasonable and opposed to public policy and interest. (ii) The Hon'ble High Court may be pleased to quash the 3 Letter of Inteat dated 12.7.2000 and the License issued in Form FL-9 dated 5.4.2003 (Annexure P-8). (iii) The Hon'ble High Court may be pteased to issue appropriate directions to the respondent Chhattisgarh Audyogik Kendriya Vikas Nigam against the respondents No. 5 & 6 and respondents No.7and 8 for changing the useof land allotted in Sector 'C' Industrial Area, Sirgitti, Bilaspur and for installation of Liquor manufacture Piant i.e. (Bottling Plant, Distillery and Brewery) as illegal andopposed to law. (iv) The Hon'ble High Court may further be pleased to direct the respondents State authorities to take suitabte against the Directors of respondents No. 5 & 6 and respondents No.7 and 8 immediately with regard to construction of any illegal Liquor Manufacturing Plant (Bottling Plant, Distillery and Brewery) on plot No.2-A, to 2-H in Sector 'C' Industrial Area, Sirgitti, Bilaspur. (v) Hon'ble High Court mayfurtherbe pleasedto jestrain the respondents from proceeding further y^, "'°'•!, ./f^\ ;» w'ss, g ^ '^-.v-^' ^^ ^'"^ 4 ^ ^ with the constNction work and installation of Bottling Plant, Distillery and Brewery in Bilaspur. (vi) Any other order to direction deemed just and proper in the facts and circumstances may aJso be passed for protecting the environment, public health andsafety at large. (viii) Cost of the proceedings be awarded in favour of thepetltioner to be ^addled on the respondents. 2. The petitioner insubstance was seeking quashing of the three Letters of Intent dated 12.7.2000 and the licence issued in Form FL-9 dated 5.4.2003, in favour of respondents No. 5 to 8. 3. Shri Kishore Bhaduri, learned Addl. Advocate Generalfor respondents Nd. 1 to 4 placing reliance on a power of attomey executed by one Surya Prakash Arora in favour of petitioner- Rakesh Shrivastava on 13.3.2006, submitted that the petitioner has filed this writ petition in the garb of 'Public Interest Litigation' at the instance oftherivalgroup in the liquor business. , 4. Shri Diwakar, leanred senior coynsel for the petitioner while admitting that a power ofattomeywas executed in favour of the petitioner in the year 2001 by the Directors of Sun-up Traders, Bhopal dealing in liquor business, submitted that the power of attorney now produced by the learned Addl. Advocate General was executed in the year 2006 much after the filing of the writ petition in the year 2003. 5. Be that as it may, the fact remains that petitioner-Rakesh Shrivastava had personal interest in the liquor businessleven before filing of the writ petition in the year 2003 whieh eontjnued ;aa^.. '' Ki$8&^i ®t ^..SS^ after the filing of the writ petition andthe sameis evident from the execution of power of attomey in his favour in the year 2006. 6. In this viewof the matter we decline to entertain the writ f I -' petition as Public Interest Litigation. The writ petition, therefore, is iiable to be dismissed and is hereby dismissed summarily. c^^ 7. As the above materiat facts were not disclosed by the petitioner in the writ petition while narrating about himself, the security amount of Rs.2000/- deppsited by the petitioner whiie filing the writ petition deserv^ to be forfeited and is hereby forfeited. Sd/- ChiefJustice Sd/- L.C. BhadQi ~ judge BB ^.^ BSIsB StX Bl Kl ^^'?i@1 ^^M• '..~y ..-^——-jsUBi^B