Appeal details
Counselvise Citation
[2026] 140 COUNSELVISE.COM (IDT) 832752 (HC-CHHATTISGARH)
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Others
Pronouncement Date
23-01-2026
Assessment Year
misc
Judgement Text
"1 2026:CGHC:4109-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4716 of 2025 1 - Sakib Ahmed S/o Ajim Siddique Aged About 25 Years R/o Village Chandouripara Wadrafnagar, Police Station Wadrafnagar, District - Balrampur - Ramanujganj (C.G.) 2 - Raqib Ahmed S/o Ajim Siddique Aged About 32 Years R/o Village Chandouripara Wadrafnagar, Police Station Wadrafnagar, District - Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Excise Department , Mahanadi Bhawan, Mantralaya, Capital Complex New Raipur, District- Raipur (C.G.) 2 - Collector/ District Magistrate Balrampur District - Balrampur - Ramanujganj (C.G.) 3 - State Of Chhattisgarh Through Police Station Basantpur District - Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Petitioner(s) : Mr.Anurag Singh, Advocate For Respondent(s) : Mr.Shashank Thakur, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Printed from counselvise.com BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.01.23 18:03:44 +0530 2 Per Ramesh Sinha , Chief Justice 23.01.2026 1. Heard Mr.Anurag Singh, learned counsel for the petitioners as well as Mr.Shashank Thakur, learned Additional Advocate General appearing for the respondents/State. 2. By way of this petition, the petitioner has prayed for following reliefs:- “1) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders declaring section 47-A of C.G Excise Act as ultra Vires/Constitutional as it is voilative of Article 300- A and Article 19(1)(g) of Constitution of India. 2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders declaring section 47- B of the C.G Excise act 1915 be declared as ultra Vires/Unconstitutional. 3] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders declaring 47-C of C.G Excise act be Vires/Unconstitutional. declared as ultra 4] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders declaring Section 47-D of C.G Excise act 1915 be declared as ultra Vires/Unconstitutional. 5] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders quashing the order dated 25.06.2025 (Annexure P/1) passed by respondent no.2 in the interest of justice. 6] That, this Hon'ble Court may kindly be pleased Printed from counselvise.com 3 to grant any other relief, which it deems fit and proper.”. 3. It transpires from the record that the petitioners have filed WPC for declaring Section 47-A, B, C and D of the C.G. Excise Act, 1915 as untra vires/unconstitutional instead of WPCR. 4. Learned counsel for the petitioners seeks permission of this Court to withdraw this petition with liberty to file a fresh petition. 5. Permission is granted. 6. Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty as prayed for. Certified copy of the impugned order be returned to learned counsel for the petitioners after retaining the photostat copy of the same. No cost(s). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu Printed from counselvise.com "
AI summary
The case involves petitioners Sakib Ahmed and Raqib Ahmed, who challenged the constitutionality of several sections (47-A, 47-B, 47-C, and 47-D) of the C.G. Excise Act, 1915, claiming they violated Article 300-A and Article 19(1)(g) of the Constitution of India. The petition was presented before the High Court of Chhattisgarh, which heard arguments from both the petitioners' counsel and the respondents' counsel, represented by the Additional Advocate General. However, the petitioners' counsel later sought permission to withdraw the petition, which was granted by the court.
