Ashok Ajmani v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1313 of 2017 • Ashok Ajmani S/o Shri Mulkraj Ajmani, Aged About 60 Years Occupation Business, Proprietor Hotel Central Point International, Bodri, District Bilaspur, R/o 16, Shivaji Marg, Tikrapara Police Station City Kotwali Bilaspur, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary Goverment Of Chhattisgarh, Department Of Commercial Tax And Excise, Mahanadi Bhawan, Naya Raipur Capital Complex Raipur, Chhattisgarh.
2. Commissioner, Excise, Chhattisgarh, Raipur (Chhattisgarh)
3. Collector (Excise) Biaspur, Tehsil And District Bilaspur, Chhattisgarh.
4. Assistant Commissioner, Excise, Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :
Shri R.S. Marhas, Advocate For State :
Shri Sangharsh Pandey, Dy.Govt. Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/05/2017
1. Heard.
2. The petitioner has filed this petition seeking a diretion to the respondents-authorities to consider and decide the petitioner's application dated 10/04/2017 for renewal of FL-3 license.
3. During the course of arguments learned counsel for the petitioner fairly submits that in view of the judgment passed by the Supreme Court in the case of State of Tamil Nadu and others vs. K. Balu and another1 passed on 15/12/2016 and thereafter on 31/03/2017, the petitioner cannot carry on the activities within a distance of 500/220 meters, as the case may be. He however submits that the petitioner is willing to apply to the competent authority for shifting locality of Bar and (2017) 2 SCC 281
restaurant to an unobjectionable place.
4. The petitioner's application appears to be for renewal either at the same place or any other locality. The petitioner's application may be considered by the authority in strict compliance of the judgment of Supreme Court in the case of State of Tamil Nadu and others vs. K. Balu and another (supra) and any alternative location suggested by the petitioner may be considered by the authorities, in accordance with law.
5. With the aforesaid observation, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Kamde