TIRTH RAJ SHREE SHIKHARJI JAIN SAMANWAY SAMITI Vs. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, HOME DEPARTMENT

JUDGEMENT

(1.) Heard counsel for the parties and perused the counter affidavit filed on behalf of the respondent Nos. 5, 7 and 9. Learned counsel for the petitioners vehemently submitted that though, the State has issued orders for prohibition of use and consumption of liquor in the area of Parasnath Temple, but the trade of liquor in that area is rampant and is freely done by the person against which no action has been taken by the State Authorities working in the Police Department or in the Excise Department. Learned counsel for the petitioners has pointed out towards Annexures annexed with the counter affidavit filed by the respondent Nos. 5, 7 and 9 which indicate that in almost all the cases, though liquor was found in quantity, but FIR is against unknown persons. According to the learned counsel for the State, such report was given by the Excise Department.

(2.) The stand taken by the State that the said report was given by the Excise Department clearly indicates that the Excise Department has virtually failed to give effect to the lawful orders passed by the State Government.

(3.) It is pointed out by the learned counsel for the petitioners that the respondents at para-17 of the counter affidavit have mentioned that Parasnath Hill is situated in the State of Jharkhand and keeping in view the lifestyle of the people of the said locality, both factions i.e. Jains and other people has to co-exist and both of them must develop respect for each others culture and tradition and in this regard, administration has to take all positive steps. It is stated at para-8 of the affidavit that the State has admitted that no licence has been granted for trade of liquor in the Hill City of Parasnath.