Failure to Deposit 2 Month License Fee as Bank Guarantee as Per Tender: Chhattisgarh HC Disposed of Petition Considering Time Extension Given [Read Order]

The Chhattisgarh High Court observed that failure to deposit 2 months license fee as a bank guarantee as per tender for running Ahata in Ganjpara composite liquor shop, and disposed of the petition considering the time extension given.

Deepak Mashrani, the petitioner prayed the Court to order the respondent authorities to take appropriate actions in compliance of clause 14.4 of the tender dated 28/03/2025 and thereby removing any illegal shops selling eateries/food articles within 100 meters of Country Composite Ahata,Ganjpur, Raipur.

As per the policy framed by the Department of Excise, the notice inviting tender for allotment of Ahata (compound) adjacent to Country and Indian made Foreign Liquor shops (wherein there is facility of consuming alcohol and there is provision of drinking water and other eatables) was invited and the petitioner submitted his application for the Ganjpara compound/ Ahata. The petitioner's bid was accepted, and he was allotted the work and granted permission to run the Ahata in the Ganjpara composite liquor shop and was issued license for the same on 21.04.2025 by the licensing authority.

It is submitted that as per the terms of the tender and the conditions of the license, the petitioner was required to deposit guarantee/challan of one-sixth part of the total annual license fee within the prescribed time. However, the petitioner failed to deposit the said amount, and that number of notices were issued to the petitioner asking him to deposit the prescribed license fee and informing him that in case of failure of deposit of the said amount, the license granted to him will be cancelled.

The petitioner was required to deposit bank guarantee. equivalent to two month Of license fee Rs. 1039306 and license fee of June month Rs. 519653 however, the petitioner has deposited only a partial amount which comes to the tune of Rs. 519653 and an amount of Rs. 1039306 is still in balance.

The petitioner made certain representation before the authorities that there are a number of vendors and stalls who are selling food articles and other materials within the periphery of 100 meters from the composite liquor shop. That the authorities acted promptly on the representation submitted by the petitioner and Deputy Commissioner (Excise), deputed officers and employees of the department to take action against the persons who are involved in selling of food items and other articles near the liquor shop and Ahata.

It is further submitted that the team so constituted carried out the spot inspection and submitted its report wherein it has came to know that no one is running illegal Ahatas/ compound near the liquor shop and it has further been observed that although some people are engaged in the selling of water pouches, disposable glass and other food items and regular, action is being taken against them. It is submitted that the Assistant District (Excise) officer, Ganjpara circle vide his letter dated 30.05.2025 informed the Assistant.

Commissioner (Excise) about the action taken by the Joint Excise team and it was informed that a case has been registered against 24 persons under the provisions of the Chhattisgarh Excise Act, 1915. Copy of communication dated 30.05.2025. The deponent most respectfully submitted that there were various illegal hutments and illegal constructions in the subject area and the officers of the Municipal Corporation (Raipur), Police Department and Excise Department carried out a drive to remove the same and the illegal construction were removed on 15.05.2025.

The AssistantCommissioner, Excise vide his letter dated 02.06.2025 informed the petitioner that acting on his complaint, prompt action has been taken by the department and further informed that the persons involved in sale of Water Pouch, disposals and other food items.

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Deputy Commissioner,Excise also informed the deponent about the activities undertaken by the Excise Departments and the other departments of the government for tackling the sale of illegal food items and other items. The Deponent further submitted that again on 24.06.2025 a drive was undertaken by the authorities, wherein against the hutments/shops/persons engaged in the sale of the disposal of Water Pouches, packaged food items near the compounding illegal liquor shops without any authority.

Counsel appearing for the State submitted that with regard to composite liquor shops within 100 meters of the boundary wall is concerned, the authorities had acted promptly to take action against the persons who are involved in selling of food items and other articles near the liquor shop and Ahata. He further submitted that in respect of the license fee, the time has already been extended.

A division bench of Ramesh Sinha,Chief Justice and Bibhu Datta Guru observed that they have already taken initiative against the persons who are involved in selling of food items and other articles near the liquor shop and Ahata and further considering the fact that the time has also been extended for payment of license fee, this petition is disposed of.

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