i; 9 XI-HC—78 ^^ ;2(rai?ra, 'swiw\s, f~^v\wy, ^o. *ii*4^i a»*ii<h 3!^V W !<siV'* 'rfS^ STT^T ^HIC^; "^200 S^V 'T?^ (ijc|l^<^q) I^ITW tift^ sii^r HIGH COURT OF CHH Coram: Hon' ble Shi Hon'bleSh Writ Petition (Ci PETITIONER Respondents Vs. 1. 2. (Writ Petition under Article 22 Present: Shri M.L. Lohaty, Sr. counj for the petitioner. Shri Kishore Bhaduri, Addi1 Mishra, PanelLawyerfortl( chi<i[d<^k tiWv^ ^ffs^ ^ 3rtRR^T1^5T TTISGARH AT BILASPUR Dhirendra Mishra, & R.N. Chandrakar, JJ iU No. 4839 of 2009 \/\ls. Chhattisgarh Distilleries Limited iEarlier known as Kedia Castle pelleon Industries Ltd., Khapri, |(umhari, Dist. Durg (Chhattisgarh) jhrough: its Director namely C.D. Saji, ^lo. late Shri C.P. Devassy, aged ibout 46 years, Address: Khapri, |<umhari, Distt. Durg (Chhattisgarh). ptate of Chhattisgarh through iecretary, Commercial Tax (Excise pepartment), Mantralaya, D.K.S. phawan, Raipur, District Raipur (CG). 'he Excise Commissioner, ;hhattisgarh, Raipur, District Raipur tCG). ./227 ofthe Constitution of India.) with Shri Manoj Paranjpe, counsel onalAdvocate Generalwith Shri S.K. e State. Order 318t August, 2009) J-- ^^g'SK_ ? ''•'l'-iW^,, 'iS'Tli'M'IS. |SI"11^4< s T"3'^ 7?T [^T^^i -" if^TaiTm? WIWflfpTSiI^; .-•2^ Per Dhirendra Mishra, J. By this petition, the petitioner |has prayed for the following reliefs: 1) tliie To issue appropriatel the Rule 10-A of Rules, 1995 as ultral 19 and 301 ofthe Cohstitution 2) To issue appropriatel aside Notification No. dated 06-05-2005 applicable retrospectil/e '^'^f^m '^p^f n fsv^t 'rf-^^-K ^-sifiro SiR^T yvrit, order or direction declaring Chhattisgarh Country Spirit ^viresand illegal to Articles 14, oflndia. writ, order or direction setting F. 10/34/2003/CT(Ex)/V/43 lo far as it makes the Rule iiyw.e.f. -01-09-2000; 3) 4) Pass such other or further order(s) as this Hon'ble Court may deem fitjand proper in the facts and circumstances ofthe bresent case. m^y The Hon'ble Court writ/writs, order/ordeits impugned order datefl Excise Commissioneij, authority under Rule^ Distilleries Rules, have been authorizeijl transit breakage, may| The petitioner has impugned kindly be pleased to issue a direction/directions and the 15/16.09.2003 passed by the Chhattisgarh by exercising his 6 and 8 of the Chhattisgarh 5 whereby all the Collectorates to impose penalty on excess also kindly be set aside. the validity of Rule 10-A of the Chhaftisgarh Country Spirit Rules, 1995 as ultra-vires and illegal to 3 Artides 14, 19 and 301 ofthe ConstiStution of India on the ground that it prescribes the fixed allowances for t|ie loss of bottles of country liquor i by breakage caused during transit. |Furihergrievanceofthepetit!oner l_is that the petitioner has been representing against the aforesaid (f ^SSs XI-HC—78 ..-I—1-4114^u^,r~~ 5^ ~3-^'^rai?R, ©Til-M-'Kc,fa<»ll-My,< 3(A?ITI^;fR? ^^ 3fl^?T sf^ft^i sf^i 'v^ss (^S^ys) 'renwafei antw prpvision before the authorities o However, none of the representatit)ns made by the petitioner has been answered by therespondents. Shri M.L. Lohaty, learned learned counsel for the petitione i)-. counsel with Shri Manoj Paranjpe, submits that this petition may be disposed of with liberty to the p^titioner to file fresh representation before the respondent No.1 to rai raised in this petition and the resp|ondent No.1, in turn, may be further tation after hearing the respective petitioner submits fresh represen after hearing the respective parties all the grievances that have bei hearing the respective parties with ch)<li<?l4hl ^W^t' ^ ^S^ <Rl'^rl< ^atiOTsnSsi the State Government since 2004. e all the grievances that have been directed to decide the represen) parties within specified period. Shri Kishore Bhaduri, learn^d Additional Advocate General with Shri S.K. Mishra, learned Panel Lsfwyer for the State submits that if the (ation for redressal of its grievances before the respondent No.1, the s^me shall be considered and decided withina period of six weeks from the date of receipt ofthe representatioiji, in accordance with law. In view of the above submi^sions made by the learned counsel for the parties, the instant petitiofi is disposed of with liberty to the petitioner to file fresh representaticti before the respondent No.1 raising ;n raised in this petition and the respondent No.1, in turn, is direct^d to decide the representation after n six weeks from the date of receipt ofrepresentation, in accordance w|;h law. The petitioner may initiate ^ppropriate proceedings, if cause of action still survives. *i"*A»W «ai 53 XI-HC—78 "S^ '^ffqRra, e-rtl+f'i^, l^iragT 3n^i^sffi(1'5?f3^p) ?TS(T 3^^T ff>^itn TOiiw^ifwai^r -4 With the aforesaid disposed of accordingly. Raju Sd/- Dhirendra Mishra Judge 'i*l<)i?)<fl-f kl^cfl'ifls'zt <fat$ii iraffipTan^i observfetion and direction, fhis petitiori is sd/- ^ltflKlNKNll^ R.N. Chandrakar Judge s