Allotment Of Liquor Shops In Densely Populated Market Prima Facie Violates Articles 21 & 47 Of Constitution: Rajasthan High Court

The Rajasthan High Court has directed the State to provide an explanation regarding allotments of the shops in densely populated markets, which it ruled is prima facie against the provisions of Articles 21 and 47 of the Constitution of India.

The Court was considering a Writ Petition against a notice through which, based on public resentment, the Petitioner was directed to shift/change the location of the shop to an unobjectionable area.

The Bench of Justice Sameer Jain observed, "....State to provide an explanation qua allotments of the shops in densely populated market which prima facie appears to be against the provisions of Article 21 and 47 of the Constitution of India."

The Petitioner was represented by Advocate S.N. Kumawat, while the Respondent was represented by Advocate Harsh Vardhan Katara.

Facts of the Case

Counsel for the Petitioner submitted that ever since 2021-22 he was allotted a composite shop of liquor, as per Excise Policy in Jaipur. It was further submitted that for the year 2024-25, the shop remained unauctioned, therefore after negotiation, the said composite shop was sanctioned and allotted to the present Petitioner. Further, it was submitted that on June 02, 2024 after due application of mind the location and map of the said shop was approved in terms of the provisions of the governing statue, law and precedents passed by the Supreme Court.

Furthermore, it was submitted that the sanction order qua the same continued till 2025-26 by enhancing 5 per cent of the license fee. It was further submitted that terms and conditions imposed by the State were never violated by the Petitioner.

Reasoning By Court

The Court noted that as per Article 47 of the Constitution of India, the State shall make an attempt to prohibit the consumption of intoxicating drinks and drugs which are injurious to health except for medicinal purposes

Noting that though the Petitioner has no vested right qua the sale of liquor, the Court pointed out that the State despite Temperance Policy has approved a location in a public market over the years and issued Notices accordingly.

The Court summoned the Commissioner of Excise Department as well as Principal Secretary to join the next hearing via Video Conferencing and furnish the Temperance Policy vis-a-vis Article 21 and 47 of the Constitution of India as well as tender a reasonable justification for allotments of liquor shops in public areas wherein temples, schools and sacred places are located.

Cause Title: Sadhana Shivhare W/o Shri Parshuram Shivhare vs. State Of Rajasthan

Appearances:

Petitioner- Advocate S.N. Kumawat, Advocate Naval Kishore Mali

Respondent- Advocate Harsh Vardhan Katara, Additional Advocate General Bharat Vyas

Click here to read/ download Order