Large Number Of Devotees Likely To Visit Somnath Temple During Deepavali: Gujarat High Court Stays Order Quashing Meat Ban Notification
The Bench kept the District Magistrate’s notification prohibiting sale of non-vegetarian food around Somnath Temple in force till November 25, 2026, notes respondents could not cite any contrary judgment.
The Gujarat High Court has stayed a Single Judge Bench's order that allowed a challenge to a notification banning meat, fish and non-vegetarian dishes around Somnath Temple, where the notification will now remain in force until the returnable date. It cited the large number of devotees likely to visit during Deepavali and the Gujarati New Year.
The Division Bench passed the interim order on the State’s Letters Patent Appeal, filed the same day the Single Judge ruled. It noted that the respondents’ counsel could not point to a single judgment of the Supreme Court or any High Court taking a contrary view. The Court has not decided the merits of the challenge.
A Bench of Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S. Desai observed, “…considering the aforesaid submission as well as considering the fact that the forthcoming Deepavali and the Gujarati New Year large number of devotees are likely to visit Somnath Temple, the Final Notification dated 10.08.2026 issued by the District Magistrate, Gir Somnath under Section 33(1)(w) of the Gujarat Police Act, 1951 shall remain in force till the returnable date and the order passed by the learned Single Judge in Special Civil Application No. 13977 of 2026 today (30.10.2026) shall remain stayed until further orders”.
Kamal Trivedi, Advocate General appeared for the appellants and Advocate Asarar L. Mansuri appeared for the respondent.
On July 10, 2026, the District Magistrate, Gir-Somnath, issued a preliminary notification under Section 33(1)(w) of the Gujarat Police Act, 1951, inviting objections within 30 days. A final notification followed on August 10, 2026, permanently prohibiting the preparation, sale and storage of meat, fish and non-vegetarian dishes on specified roads and within 500 metres of Somnath Temple.
Six traders challenged the final notification in Special Civil Application, where a Single Judge allowed the petition on October 30, 2026 at about 3:00 PM. The State made a special mention, and the Division Bench assembled at about 5:30 PM to hear the appeal, though the judgment was not yet available or uploaded. The Court was told that four of the respondents had earlier filed Special Civil Application, which is pending without any stay.
The State relied on Om Prakash v. State of U.P., (2004) 3 SCC 402, a 2026 Punjab and Haryana High Court decision and an Allahabad High Court order of March 28, 2022. He argued that devotees’ sentiments could be hurt and that annoyance, risk or damage could result. The respondents argued that Section 33(1)(w) applies only to places of public amusement or entertainment.
The Bench stayed the Single Judge’s order until further orders and directed that the final notification remain in force till the returnable date. It issued notice returnable by November 25, 2026, and directed service on Respondent No. 7 by speed post and direct service. The matter will be listed with Special Civil Application on that date.
Cause Title: State of Gujarat & Ors. v. M/s Taj Restaurant Owner Aakib Aminbhai Khan & Ors., R/Letters Patent Appeal No. 886 of 2026
Appearances:
Appellant: Kamal Trivedi, Advocate General, G.H. Virk, Government Pleader and Dharitri Pancholi and Brijensingh Thakur, AGPs
Respondent: Advocate Asarar L. Mansuri.