RAJESH @ SOURABH NAYAK Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed in Public Interest by the petitioner seeking shifting of liquor shop granted to respondent No.8 by way of license to run a foreign liquor shop at Station Road, Katni by the Excise Department. In the petition in para 3.2 it is said that petitioner is aggrieved by the establishment of foreign liquor shop by respondent No.8 and it is said that the foreign liquor shop is situated near three Government Schools, namely Govt. Gulab Chandra Primary School, Govt. Madhyamik School and Govt. Ravindra Rao Higher Secondary School, Station Road, Katni. It is said that petitioner has measured the distance between the shop and schools and it is around 40 meters. According to the petitioner there is statutory provision for establishment of a liquor shop within a radius of 50 meters of school and therefore, pointing out this illegality, this writ petition has been filed.

(2.) ON notice being issued respondents have filed detailed reply and pointed out that on identical consideration and facts earlier also a Public Interest Litigation was filed by one Moti Jasuja vide Annexure R/1 being W.P. No.11371/2011 and there also respondent No.8 was impleaded as respondent No.4 and challenge was made in the said writ petition to the same shop on the ground that school is within a radius of 50 meters to Gulab Chandra Primary School. The Division Bench took cognizance of the matter and it is seen that the said writ petition was dismissed vide order dated 7.3.2012 Annexure R/1 after imposing a cost of Rs.2000/ -. It is pointed out by Shri Swapnil Ganguly by referring to inspection report and documents filed as Annexure R/2 and R/3 to say that now this writ petition is barred by the principles of constructive resjudicata. In para 3 and 4 of the reply, respondents have made the following assertions : -

(3.) THEREAFTER in para 5 the following assertions are again made : -