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Chhattisgarh HC Orders Action Against Illegal Food Stalls Near Liquor Shops

Case Law Details

TaxGuru Citation
2025 taxguru.in 5941
Case Name
Deepak Mashran Vs State of Chhattisgarh Through The Secretary And Commissioner For Excise (Chhattisgarh High Court)
Date of Judgement/Order
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Deepak Mashran Vs State of Chhattisgarh Through The Secretary And Commissioner For Excise (Chhattisgarh High Court)

The Chhattisgarh High Court has disposed of a writ petition filed by Deepak Mashran, a licensee of a composite Ahata (drinking compound) in Ganjpur, Raipur. The court’s decision came after the state government, through an affidavit from the District Magistrate, confirmed it had addressed the petitioner’s concerns regarding both illegal vendors near his establishment and the required deposit of license fees.

The case centered on two primary issues raised by the petitioner. Firstly, Mr. Mashran sought the court’s intervention to compel excise authorities to enforce Clause 14.4 of his tender agreement. This clause stipulated that no shops selling food or other articles should operate within a 100-meter radius of the Ahata’s boundary wall. The petitioner argued that the presence of such illegal vendors was causing him financial losses. Secondly, he requested that the authorities act on a representation he had filed on May 23, 2025, to remove the illegal occupants and, as compensation for his incurred losses, exempt him from paying the license fees for the subsequent two months.

The court’s proceedings took a decisive turn when, in compliance with a court order, the District Magistrate of Raipur filed a detailed affidavit on June 26, 2025, outlining the state’s position and actions. The affidavit provided a chronological account of the events, starting with the petitioner’s successful bid and subsequent grant of the license on April 21, 2025. It highlighted a significant compliance issue on the part of the petitioner: a failure to deposit the required bank guarantee and license fee.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,764

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