TILAK RAJ YADAV Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution by four petitioners claiming to be social workers and students challenging the licences granted by the Excise Commissioner and the Collector to the respondents 4 to 7 to run liquor bars in busy market area in close proximity of temples, schools and cultural institutions in contravention of statutory rules framed in this regard.

(2.) IT is not disputed that respondents 4 and 5 Mayur Bar and Shere Punjab Bar are running liquor bars adjacent to Malviya Chowk, Jabalpur. Respondents 6 and 7 Yogi darbar Bar and Sahni Bar are also running liquor bars near Naudra Bridge, Jabalpur. They have been granted licence in Form FL-3 to run bar in their respective hotels. The petitioners have annexed map Annexure-A showing the location of these bars and other institutions. The State has also filed enlarged maps Annexure R. 3 and 4 showing location of these liquor bars, so also the respondents 4 to 7, vide Annexures R. 1 and R-2. It is not disputed that to the close proximity of the bars of respondents 4 and 5 there are anjuman Islamiya High School, Khalsa High School for boys and girls, Georgetown school, Sharda Sangit Mahavidyalaya, Shiv Temple, Sanskrit Pathshala, Gurudwara, masjid, Jain Mandir and D. N. ' Jain College. At some distance away, there is Kali temple and City Bengali Club where a school is being run on the Karamchand Chowk. Respondents 6 and 7 have their liquor bars in the close proximity of Gurunanak High school, Gujarati Girls, High School, Hanuman Temple and at some distance there is hitkarini Girls, College. Near about these two bars are also cultural institutions viz. Gujarati Mandal, South Indian Association and Maharashtra Vyayam Shala. Malviya chowk, Karamchand Chowk, Naudra Bridge and Nagar Nigam Chowk form a quadrangle. Within its precincts is the Marnatal Civic Centre which is fast coming up as the main shoping centre of the city. There are 7 cinema talkies near the Civic Centre. There are shops all round this quadrangle. For running liquor bars, F. L. 3 licences have been granted to the respondent No, 4 on 18-2-1985, and to respondent No. 5 on 7-2-1985, to respondent No. 6 on 18-1-1985 and to respondent No. 7 on 26-9-1984. Though the respondents have disputed the distances given by the petitioners in their petition, but from their own showing it is not disputed that in close proximity of these liquor bars there are temples, Masjid, Gurudwara and schools. High Schools and the national highway are also within a distance of 500 meters from these liquor bars.

(3.) THE licences have been issued by the Excise Commissioner and the Colleetor under Section 28 of the M. P. Excise Act, 1915. Section 62 empowered the State government to make rules for the purpose of carrying out provisions of this Act. In exercise of powers under Section 62 (e) (f) and (h) the State Govt. has framed rules of general application regarding location of shops in Section A. Rule I is as under :-Location of shops.- (1) No retail shop shall be licenced for the consumption of liquor on the premises, -