Facts
The Petitioner, President of Gohar Jan Seva Samiti, challenged a letter dated 27.01.2026 issued by the District Excise Officer (Respondent No. 4) which permitted the opening/shifting of an English liquor shop to a government building within the limits of Gram Panchayat Hirmi
Source reference: para. 2 & 3Previously, a liquor shop in the area was closed due to public protest regarding social disturbance and criminal activities.
Source reference: para. 3While the shop had been moved to Mohra Road, a new proposal was initiated to move it back to a building within the village limits.
Source reference: para. 3Two organizations, Gohar Jan Seva Samiti and Anjor Gram Sangathan, submitted representations dated 04.02.2026 and 03.02.2026 to the Collector opposing this move, which remained pending.
Source reference: para. 3The Petitioner sought to quash the relocation order and compel the authorities to decide on the pending representations.
Source reference: para. 2Issues
1. Whether the Court should intervene to quash the relocation of the liquor shop and direct the respondent authorities to consider the pending public representations against the said relocation.
Source reference: para. 2 & 3Law Applied
The court exercised its extraordinary jurisdiction under Article 226 of the Constitution of India.
Source reference: para. 2The primary legal principle applied was the administrative duty of State authorities to consider and decide upon representations/complaints filed by citizens or social organizations regarding public nuisance and the location of liquor vends in accordance with law.
Source reference: para. 3-5The court adopted a "limited prayer" approach, focusing on procedural fairness and administrative exhaustion rather than adjudicated merits.
Source reference: para. 5Reasoning
The Court did not delve into the merits of whether the liquor shop would cause social disturbance or if its location violated specific excise rules.
Source reference: para. 5Instead, the Court focused on the fact that the Petitioner’s and the Mahila Sangathan’s representations were still pending before the Collector (Respondent No. 3).
Source reference: para. 3The Court noted the Petitioner's willingness to limit the prayer to a time-bound direction for the disposal of these representations.
Source reference: para. 3The State counsel expressed no objection to the authorities deciding the matter in accordance with the law.
Source reference: para. 4Consequently, the Court found it appropriate to direct the administrative head of the district to resolve the dispute at the first instance.
Source reference: para. 5Holding
The High Court disposed of the writ petition without expressing an opinion on the merits.
It directed Respondent No. 3 (The Collector, Balodabazar-Bhatapara) to expeditiously decide the representations/applications dated 04.02.2026 and 03.02.2026 filed by Gohar Jan Seva Samiti and Anjor Gram Sangathan, respectively.
Source reference: para. 5This decision must be rendered in accordance with the law within a period of 30 days from the date of receipt of the court’s order.
Source reference: para. 5No costs were awarded.
Source reference: para. 7Original Court PDF
Timirupadhyay v. State Of Chhattisgarh & Others [WPC No. 844 of 2026; 2026:CGHC:10518]
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