Rambai Shivhare vs State Of Madhya Pradesh Through Princpal Secretary Commercial Taxes Department

NEUTRAL CITATION NO. 2026:MPHC-IND:24860
1 WA-3099-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
&
HON'BLE SHRI JUSTICE ALOK AWASTHI
nd
ON THE 2 OF SEPTEMBER, 2026
WRIT APPEAL No. 3099 of 2026
RAMBAI SHIVHARE
Versus
STATE OF MADHYA PRADESH THROUGH PRINCPAL SECRETARY
COMMERCIAL TAXES DEPARTMENT AND OTHERS
Appearance:
Shri Namit Jain - Advocate for the appellant.
Shri Amit Bhatia -GA appearing on behalf of Advocate General.
ORDER
Per: Justice Subodh Abhyankar
1] This writ appeal u/s 2(1) of the Madhya Pradesh Uchcha
Nyayalaya (Khand Nyaypeeth Ko Appeal Adhiniyam, 2005) is against the
order dated 13.8.2026 passed by the writ Court in W.P.No.32760/2026;
whereby the petitioner's interim relief against shifting of her liquor shop has
been rejected.
2] Counsel for the respondent, at the outset, submitted that, in the
present case, a similar order may be passed as was passed by this Court vide
order dated 21.08.2026 in W.A. No. 3000/2026 (Malwa Realities Pvt. Ltd.
through its Authorised Representative Shri Harminer Singh Bhatia Vs. The
State of Madhya Pradesh and Others), as that case also involved the shifting
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 9/7/2026
1:12:43 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:24860
2 WA-3099-2026
of a liquor shop at the instance of the DISHA Committee.

3] Counsel for the appellant, on the other hand, has submitted that
the Disha Committee has no jurisdiction to recommend the transfer of the
shop.
4] Heard learned counsel for the parties and perused the record as
well as the order passed by this Court in the case of Malwa Realities (supra).
5] So far as the order passed by this Court in Malwa Realities
(supra) is concerned, the same reads as under:-
"1] Heard.
2] This writ appeal under Section 2(1) of the Madhya
Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal)
Adhiniyam, 2005, has been filed by the appellant/petitioner
against the interim order dated 12.08.2026 passed by the learned
writ Court in W.P. No.32758 of 2026, whereby the writ Court has
rejected the prayer for interim relief, holding that the reply would
be necessary and after filing of the reply, the matter can be heard
finally.
3] In brief, the facts of the case are that the appellant is in the
liquor business and is a holder of FCL-1 license and has been
allocated the liquor shop at Lonara, District Khargone. Initially the
impugned notice was served on the appellant on 28.07.2026 to
relocate his shop within 15 days as per the directions issued by the
District Development Coordination and Monitoring Committee,
known as the DISHA Committee, in its meeting held
on 15.07.2026. The petition was filed by the appellant/petitioner
on the ground that the DISHA Committee has no such jurisdiction
to pass an order for relocation of the liquor shop, and guidelines
issued by the State in respect of the same have also been filed on
record known as Guidelines for State and District Level DISHA
Committee.
4] Counsel has submitted that the whole object of the constitution
of the DISHA Committee is to ensure proper implementation of
the projects which are to be executed in the State of M.P. Counsel
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 9/7/2026
1:12:43 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:24860
3 WA-3099-2026
has also drawn the attention of this Court to para 5.11 of the
Excise Policy, which provides for relocation of the composite
liquor shops on account of the public protest etc., and thus, it is
submitted that DISHA Committee cannot override the
Excise Policy under which the appellant was allocated the shop.

5] The prayer is vehemently opposed by the counsel for the
State, and it is submitted that the matter is to be heard finally by
the writ Court itself, and the State is also in the process of filing a
reply, and thus, the matter shall be heard at an early date, and no
error has been committed by the writ Court in passing the
impugned interim order.
6] Heard counsel for the parties and perused the record.
7] From the record, it is found that in the impugned notice
a reference has been made to the recommendation made by the
DISHA Committee, although such recommendations are not on
record, thus, it is not known as to under what provisions the
DISHA Committee has exercised its jurisdiction. It is also found
that the shop was opened by the appellant on 01.04.2026 only after
completing all the procedural formalities, and in the notice also no
violation of excise policy has been cited by the respondents.
In such circumstances, although we are not inclined to interfere at
this stage, however, we direct the State to file its reply positively
within a week's time before the writ Court so that the matter may
be heard at an early date. It is also directed that the losses suffered
by the appellant due to such shifting can be recovered by him, in
accordance with law, including seeking an extension of validity of
the licence.
8] It is made clear that this Court has not reflected upon the
merits of the case.
9] With the aforesaid directions, the appeal stands disposed of."
6] Thus, we find that the order passed in the case of Malwa Realities
(supra) would be applicable mutatis mutandis to the facts of the present case
also. Thus, the interest of justice would suffice to dispose of the present writ
appeal in terms of Malwa Realities (supra).
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 9/7/2026
1:12:43 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:24860
4 WA-3099-2026
7] In view of the same, the present appeal is disposed of in terms of

the order passed by this Court in W.A. No.3000/2026 Malwa Realities (supra)
dated 21.08.2026
8] In addition, it is also directed that before the writ Court, the
respondents shall file their reply positively within a period of seven days or
adopt the reply filed in W.P.No.32758/2026.
9] Office is also directed to list W.P.No.32760/2026 along with
W.P.No.32758/2026 before the writ Court.
10] Accordingly, the present writ appeal stands disposed of.

(SUBODH ABHYANKAR)
(ALOK AWASTHI)
JUDGE
JUDGE
das

Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 9/7/2026
1:12:43 PM