Disposed

Smt. Sushila Chandravanshi v. State of Chhattisgarh

Chhattisgarh HC20 Sept 2026WPC/4774/2026

Case brief

AI extract

What is this about?

The petitioner, a licensee of a Country Composite Ahata in Kawardha, sought directions to authorities to act against illegal vendors operating near her licensed premises, alleging violation of her fundamental right to livelihood under Article 19(1)(g). The High Court directed the Collector and District Excise Officer (Respondents 3 and 4) to consider and decide the petitioner's representations in accordance with law, after affording her a hearing, within 60 days. The court did not express any opinion on the merits of the case.

What did the court decide?

Directed Respondents 3 (Collector, Kawardha) and 4 (District Excise Officer, Kawardha) to consider and decide the petitioner's representations in accordance with law, after affording her a hearing, within 60 days.

Smt. Sushila Chandravanshi Vs State of… — Contract and Commercial Disputes | Chhattisgarh HC (2026)

CGHC010366472026

2026:CGHC:40984

NAFR

Digitally signed by PRIYANKA PRIYANKA VERMA VERMA Date: 2026.09.22 12:05:08 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 4774 of 2026

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1 - Smt. Sushila Chandravanshi W/o Bhupendra Chandravanshi, Aged About 32 Years R/o Village - Dilawapara, Mathani Kalan, Police Station - Pipariya, District - Kabirdham (C.G.)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax (Excise), Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District - Raipur (C.G.)

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2 - Excise Commissioner, Chhattisgarh, Abkari Bhawan, Labhandi, Raipur, District - Raipur (C.G.)

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3 - Collector, Kawardha, District - Kabirdham (C.G.)

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4 - District Excise Officer, Kawardha, District - Kabirdham C.G.

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5 - Superintendent Of Police , Kawardha, District - Kabirdham C.G.

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6 - Station House Officer, Police Station - Kawardha, District - Kabirdham (C.G.)

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7 - Lucky Mandavi S/o Bachchan Singh Mandavi, Aged About 31 Years R/o Lohara Naka Chowk, Rajnandgaon Bypass Road, Near Daru Bhatthi (Liquor Shop), Kawardha, District - Kabirdham C.G.

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8 - Budharu Beldar S/o Bhagnu Beldar, Aged About 50 Years R/o Lohara Naka Chowk, Rajnandgaon Bypass Road, Near Daru Bhatthi (Liquor Shop), Kawardha, District - Kabirdham C.G.

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9 - Sonu Sahu S/o Suresh Sahu, Aged About 32 Years R/o Ghotiya Road, Near New Bus Stand, Junwani Road, Kawardha, District - Kabirdham C.G.

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10 - Durgesh Sahu S/o Vijay Sahu, Aged About 30 Years R/o Ghotiya Road, Rajnandgaon Bypass Road, Near Daru Bhatthi (Liquor Shop), Kawardha, District - Kabirdham C.G.

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11 - Sangram Singh Dhurve S/o Raju Dhurve, Aged About 28 Years R/o Rajnandgaon Bypass Road, Near Daru Bhatthi (Liquor Shop), Kawardha, District - Kabirdham C.G.

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12 - Shiv Sahu, R/o Sahu Hotel, New Bus Stand Road, Near Junwani Road Bus Stand, Kawardha, District - Kabirdham (C.G.)

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... Respondents

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For Petitioner : Mr. Chandrikaditya Pandey, Advocate For State : Mr. Praveen Das, Additional AG

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Hon'ble Shri Justice Amitendra Kishore Prasad

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Order on Board

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21/09/2026

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The petitioner, in this Writ Petition, has prayed for the following reliefs:-

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“10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the case of the petitioner for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to protect the interest of the petitioner and she may not be threatened by letter to cancel the license and she may further be protected to run the shop/licensed Country Composite Ahata in accordance with law without any hurdle/obstruction.

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10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take immediate action against the private respondents who are running illegal shops and also committing offence under the Chhattisgarh Excise Act and the police and Excise Department may particularly be

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directed to prepare criminal offences against the private respondents at the earliest.

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10.4 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing Respondent Nos. 1 to 6 to take immediate and effective action on the Petitioner's dated complaints/representations 07.07.2026, 09.07.2026 and 11.09.2026 and to remove all unauthorized roadside stalls, handcarts, vendors, encroachments, illegal Ahata/chakhna centres and unauthorized liquor sale/consumption points in and around the Petitioner's licensed Country Composite Ahata at Kawardha Town, District Kabirdham (C.G.).

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10.5 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing Respondent Nos. 1 to 6 to initiate strict legal action against Private Respondent Nos. 7 to 12 for running illegal Ahata/chakhna centres and for unauthorized sale and consumption of liquor in violation of the Chhattisgarh Excise Act, 1915, the rules framed thereunder, the Excise Policy and the tender conditions.

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10.6 That, this Hon'ble Court may kindly be pleased to declare that the failure of the official Respondents to curb illegal sale/consumption of liquor and unauthorized Ahata/chakhna centres in the immediate vicinity of the Petitioner's licensed Ahata violates the Petitioner's fundamental rights under Articles 14, 19(1)(g) and 21 of the Constitution of India.

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10.7 That, this Hon'ble Court may kindly be pleased to pass any other order or direction as this Hon'ble

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Court may deem just, fit and proper in the facts and circumstances of the case.”

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Learned counsel for the petitioner submits that he is seeking limited relief before this Court. He submits that due to the presence of illegal vendors, the petitioner’s right to livelihood under Article 19 of the Constitution of India is being affected. Therefore, he prays that the concerned authority may be directed to consider and decide the petitioner’s representation in accordance with law.

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Learned State counsel has no objection if the representation of the petitioner is considered and decided by the concerned authority in accordance with law.

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Having considered the submissions made by learned counsel for the parties and particularly considering the fact that illegal vendors are running shop in violation of the petitioner’s right enshrined under Article 19(1)(g) of the Constitution of India, this Court deems it appropriate to direct respondents No.3 & 4 to consider the application filed by the petitioner and decide the same in accordance with law, after affording opportunity of hearing to the petitioner, within a period of 60 days. It is made clear that this Court has not expressed any opinion on the merits of the case.

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With the aforesaid observations and directions, the present petition stands disposed of.

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Sd/-

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(Amitendra Kishore Prasad)

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Judge

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Priyanka

Smt. Sushila Chandravanshi v. State of Chhattisgarh

Case brief

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Smt. Sushila Chandravanshi v. State of Chhattisgarh

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