Chattisgarh High Court
In The Matter Of Suo Moto Public Interest … vs The State Of Chhattisgarh on 5 August, 2025
SOURABH
BHILWAR
Digitally signed by
SOURABH BHILWAR
Date: 2025.08.06
1
10:41:43 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 19 of 2025
IN THE MATTER OF SUO MOTO PUBLIC INTEREST LITIGATION versus
THE STATE OF CHHATTISGARH
Order Sheet
05/08/2025 This is an office reference.
Heard Mr. Prafull N. Bharat, learned Advocate
General alongwith Mr. Shashank Thakur, learned Dy.
A.G. for the State/respondent.
In compliance of the order dated 21/07/2025, the
Secretary, Government of Chhattisgarh, Department of
Commerce & Industries and Public Enterprizes and
Link Officer filed his affidavit on 01/08/2025.
For ready reference, relevant portion of the said
affidavit, is reproduced hereinunder:-
“2. That, the Hon’ble Court has
registered the Suo Moto Public Interest
Litigation on the basis of news item
2published with respect to news item
published about the liquor shops
situated in Sirgitti. That, during the
pendency of the present petition the
Hon’ble Court took cognizance of two
news item reports, the first one
published in Hindi daily “Haribhoomi,
Bilaspur Edition on 20.07.2025 with a
heading “शराब लेकर सडक किनारे पीने वालों
से रहवासी परेशान, बंद करने की मांग, अशोक
नगर शराब दुकान का मामला” and another
news report published in English Daily,
The Hitvad on 21.07.2025 with a
heading “Women protest liquor trade,
demand action” which relates
Patthalgaon, District Jashpur”. That,
vide order dated 21.07.2205 the
Hon’ble Court was pleased to direct the
Secretary, Department of Excise,
Government of Chhattisgarh or
Incharge Secretary to file an affidavit
with respect to the above mentioned
news items, hence, the present
affidavit is being filed.
3. The Deponent most respectfully
submits that as far as the news item
dated 20.07.2025 published in
Haribhoomi with respect to the
3disturbance caused by the liquor shop
situated in Ashok Nagar Birkona Road,
it is most respectfully submitted that the
said liquor shop is being run in the said
premises since 2020. The liquor shop
was opened in the year 2020 as per
the prevalent Rules of General
Application framed under the Excise
Act. An agreement was executed with
the owner of the property for running
the said shop in the year 2020 and
since then the shop is being run at that
particular place. A copy of the
agreement which was executed on
12.03.2020 is annexed herewith as
Annexure D/1.
4. That, it is most respectfully
submitted that earlier an Ahata
(compound with drinking facility), was
being run in the said premises
alongwith shop, however, the
Department has not auctioned the
Ahata (compound) for the financial year
2025-26. That, it has been reported in
the newspaper that the shop is situated
near school, in this regard it is most
respectfully submitted that the shop is
being run since 2020. Whereas, the
4school has been opened since April
2022 and in this respect an information
was sought from the office of District
Education Officer, who vide his letter
dated 29.07.2025 had informed that a
private school named and styled as
Himlayan School which is upto 8th
standard, is being run since April 2022
and a total number of students enrolled
in the said school is 105. A copy of the
information received from the District
Education Officer dated 29.07.2025 is
being annexed herewith as
ANNEXURE D/2.
5. That, it is further submitted that the
other issues highlighted in the news
items are concerned, particularly about
the people consuming alcohol on the
road, it is submitted that routine
inspection is carried out by the officials
of the Excise Department as well as
the Police Personnel in order to
prevent the consumption of liquor in
open place and regular action is taken
against the erring persons. It is
submitted that the respondent
department as well as the police has
registered case against the persons
5who were found consuming liquor in
the open/ public places as well as who
were providing the facility for drinking
and in this regard, it is most
respectfully submitted that in the
financial year 2024-25 total 10 cases
under section 36(c) of the Chhattisgarh
Excise Act were registered by the
Excise Department wherein, against
the persons who were found drinking in
open/ public places and in the financial
year 2025-26 till date one case under
section 36(c) has been registered,
whereas, three cases have been
registered under section 36(1) (1)
against the erring persons in the Ashok
Nagar, Birkona area. The issue with
respect to the residential colony near
the liquor shop is concerned it is
submitted that the entry and exist of the
liquor shop as well as the residential
blocks are entirely separate and the
shop is being run in accordance with
the Rules. That, the Deponent most
respectfully submits that the officials of
the Department as well as the Police
Personnel keep a vigil in the area and
even the salesmen of the shop also
6ask the purchasers not to consume
liquor in the open place.
6. That, the Deponent further most
respectfully submits that vide order
dated 21.07.2025 the Excise Officers
has been deputed for continuous
monitoring and inspection of the
various liquor shops situated in
Chantidih, Lingiyadih, Sirgitti and
Ashok Nagar and they have been
directed to keep a vigil on the shops
and further to ensure that the people
do no consume liquor in open places
and also to ensure that the traffic rules
are strictly followed and the vehicles
are parked in a proper manner. A copy
of the order dated 21.07.2025 is being
annexed herewith as ANNEXURE D/3.
7. That, as far as the second news item
published in The Hitvada dated
21.07.2025 titled as “Women protest
liquor trade, demand action” is
concerned the Excise Department is
continuously taking action against the
persons involved in the sale/
manufacturing of illegal liquor. It is
submitted that vide order dated
29.03.2025, the District Excise Officer
7has deputed the Head Constables and
Constables to ensure that the business
with respect to the illegal
manufacturing and sale of liquor does
not takes place and they were directed
to carry out continuous visit and parade
in the area and to gather information
with respect to the persons involved in
the trade and to take action against
them. A copy of the letter dated
29.03.2025 is annexed herewith as
ANNEXURE D/4.
8. That, it is most respectfully
submitted that in the financial year
2024-2025 total 14 cases were
registered by the Excise Department
against the persons involved in the
illegal manufacturing/sale of liquor,
drinking in open/ public places,
providing facilities of drinking to the
concerned persons in Purani Bastai,
Premnagar, Chirpara, Darpara,
Baniyakhar, Lindiyapara and adjoining
areas and in the present financial year
up to July 2025, total 11 cases against
the such persons have been
registered. A copy of the information
alongwith the report of the Excise
8Inspector of the said area are
collectively annexed herewith as
annexed herewith as ANNEXURE D/5.
9. That, the District Excise Officer, vide
letter dated 26.07.2025 directed the
Excise Sub-Inspector of the concerned
area to ensure regular parade and
collection of information so that the
persons involved in the illegal
manufacturing/sale of liquor may be
nabbed and necessary action is taken
against them. A copy of the letter dated
26.07.2025 is annexed herewith as
ANNEXURE D/6. It is further submitted
that vide order dated 26.07.2025 some
Excise Constables and Head
Constables have been deputed to keep
a vigil on the persons involved in illegal
manufacturing / sale of liquor. A copy of
the order dated 26.07.2025 is annexed
herewith as ANNEXURE D/7.”
From bare perusal of the aforesaid affidavit, it
goes to show that though the liquor shops and schools
are situated at a distant place, but regular monitoring is
being done by the Excise/ Police Personnel and the
9
persons who are found to be consuming liquor on the
road, they have also been challaned.
Though regular monitoring is stated to be done,
the authorities concerned should ensure that no
untoward incident should be reported, failing which
appropriate orders will be passed against the erring
officials.
Post the matter for further monitoring on
08/09/2025.
Let the copy of this order be sent to the
authorities of the concerned Department through the
learned State counsel for necessary compliance
forthwith.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
S. Bhilwar/ Gowri