SAMIR KUMAR BANERJI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition, purportedly in public interest, has been filed by the residents of Karela Bagh Colony and Blocks B and C of Guru Teg Bahadur Nagar, Prayagraj praying for a direction commanding the respondents to close/shift liquor shops of the private respondents from the present location/site which are within the distance of the prohibited radius of 100 metres as per U.P. Number and Location of Excise Shops Rules, 1968 ('the Rules, 1968') as noticed by the Hon'ble Supreme Court in the case of Manoj Kumar Dwivedi which had approved the Division Bench decision of this Court taking view that any liquor shop should not be situated within 100 metres of the entrance of a residential colony (hereinafter Karela Bagh Colony).

(2.) As per the pleadings contained in the petition, the private respondents have established their foreign liquor, beer and country liquor shops in residential area at a distance of nearly 50 to 60 metres from the entry roads of the residential colony and an ancient Shiv temple. The residential colony is said to have been established by Labour Department and rent receipts issued by the said Department from time to time have been annexed.

(3.) Placing reliance on the Rules, 1968, the case of the petitioners is that Rule 5(4) thereof prohibits running/opening of liquor shops within 50 metres radius of a residential colony and a Division Bench of this Court has already decided Civil Misc. Writ Petition No. 39914 of 2009 Bishop Johnson School and College and another v. Excise Commissioner, State of U.P. and others 2010 (3) AWC 2626=2010 (79) ALR 14 (Sum) taking note of the judgment in the case of State of U.P. and others v. Manoj Kumar Dwivedi and others 2008 (71) ALR 293 (SC)=2008 (65) AIC 129 holding minimum prohibited distance for location of running liquor shops as approximately 100 metres from schools, hospitals, places of worship or factories or the entrance to a market or a residential colony.