Ajay Gupta Vs State of Chhattisgarh

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2026:CGHC:10872

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 924 of 2026

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Ajay Gupta S/o Late Rakesh Gupta Aged About 40 Years Address - Ward No. 08, Motipur Ram Nagar, Police Station - Chikhali, District - Rajnandgaon, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Excise Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh.

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2 - Commissioner Excise Govt. Of Chhattisgarh Raipur, Chhattisgarh.

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3 - District Excise Officer Distt - Mohla-Manpur-Ambagadh Chowki, Chhattisgarh.

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4 - Saurabh Singh Chauhan S/o Late S.S. Chauhan Aged About 32 Years Address - Village Mudhpar, Tehsil - Khairagarh, Dist - Khairagarh, Chhuikhadan Gandai, Chhattisgarh.

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... Respondents

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{Cause title, as taken from CIS}

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For Petitioner : Mr. H.S. Ahluwalia, Advocate. For Respondents No. 1 to 3 : Mr. Saumitra Kesharwani, Panel Lawyer.

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{Hon’ble Mr. Justice Naresh Kumar Chandravanshi}

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Order on Board

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02/03/2026

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1. Instant writ petition under Article 226 of the Constitution of India has been

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preferred by the petitioner seeking following reliefs :-

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10.1 That, this Hon’ble Court may kindly be pleased to

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issue an appropriate writ, order or direction to Respondent Nos. 2 and 3 to decide the representation dated

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2

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02/02/2026 filed by the petitioner and to pass appropriate order in accordance with the Clause 22.4 of the Excise Policy dated 28/03/2025 and licence conditions.

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10.2 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.

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2. Learned counsel appearing for the petitioner submits that the petitioner obtained contract to run premises associated with the shop of country made liqour at Ambagarh Chowki, Dist. Mohla Manpur-Ambagadh Chowki. Earlier, beside the shop of petitioner, there was a premises associated with Indian Made Foreign Liquor shop of respondent No. 4. Subsequently, foreign liquor shop was directed to be shifted to Khadgawn, District Rajnandgaon, pursuant to which, respondent No. 4 was directed to shift his shop at Khadgawan, but he continued to run premises (vgkrk) at Ambagarh Chowki, Dist. Mohla Manpur-Ambagadh whereas in clause 22.4 of the instructions issued by respondent No. 2 - Commissioner, Excise, Govt. of Chhattisgarh dated 28.03.2025, it has been instructed that if liquor shop is transferred, then premises (vgkrk) associated with that liquor shop shall also be necessarily transferred. Learned counsel further submits that since respondent No. 4 did not transfer his premises (vgkrk) to Khadgawan, District Rajnandgaon, therefore, the petitioner filed representation dated 02.02.2026 (Annexure P-7) before respondent No. 3, but the same has not been decided yet. Hence, he prays that this petition may be disposed of directing respondent No. 3 to decide his representation / application within specific time frame.

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3. In reply, learned counsel for the State would submit that earlier vide order dated 07.11.2025, respondent No. 4 was directed to shift and seal premises (vgkrk) of Ambagarh Chowki, in light of order dated 14.11.2025 for shifting of the foreign liquor shop from Ambagarh Chowki to Kahdgawan. That order dated 7.11.2025 was challenged by respondent No. 4 by filing Writ Petition (C) No. 6402 of 2025, which was allowed by learned Division Bench of this Court vide order dated 07.01.2026 on the ground that since order dated 7.11.2025 with regard to removal / sealing of

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premises (vgkrk) was passed prior to order dated 14.11.2025 for shifting of the foreign liquor shop from Ambagarh Chowki to Khadgawan, therefore, order dated 07.11.2025 was quashed. He further submits that in complinace of order dated 07.01.2026 passed by Division Bench of this Court, Upper Excise Commissioner, Chhattisgarh has passed fresh order dated 21.01.2026 whereby respondent No. 4 has been permitted to run premises(vgkrk) at Ambagarh Chowki.

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4. I have heard learned counsel for the parties and perused the material available on record.

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5. Perusal of order dated 7.1.2026 passed by learned Division Bench of this Court show that since order of removal / sealing of premises(vgkrk) of respondent No. 4 herein was passed on 7.11.2025 i.e. much prior to order of shifting of the foreign liquor shop dated 14.11.2025, therefore, leaned Division Bench quashed the order dated 7.11.2025, but Clause 22(4) of the Instructions issued by Excise Commissioner, Chhattisgarh (respondent No. 2) specifically provides instructions with regard to shifting of premises(vgkrk) and in light of that provision, representation (Annexure P-7) dated 02.02.2026 filed by the petitioner has not been decided by respondent No. 2, therefore, without venturing into the merit of the case, this petition stands disposed of directing respondent No. 3-District Excise Officer, Distt. Mohla-Manpur-Ambagarh Chowki to decide representation (Annexure P-7) dated 2.2.2006 filed by the petitioner in light of clause 22.4 of the instructions issued by Excise Commissioner dated 28.03.2025 within a period of 15 days from the date of receipt of copy of this order.

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6. With the aforesaid observations & directions, this writ petition stands disposed of. No cost (s).

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7. Pending interlocutory application (s), if any, stands disposed of.

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Sd/(Naresh Kumar Chandravanshi) Judge

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AMITKUMAR Digitally signedby AMITKUMAR DUBEYDate: DUBEY 2026.03.1718:24:36 +0530

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Ajay Gupta v. State of Chhattisgarh

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Ajay Gupta v. State of Chhattisgarh

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