Liquor Shop Allotment In Densely Populated Market Prima Facie Violates Articles 21 & 47 Of Constitution: Rajasthan High Court
The Rajasthan High Court has said that allotment of liquor shops in densely populated market was "prima facie" against Articles 21 and 47 of the Constitution, and directed the State to furnish an explanation with respect to such allotment and submit its Temperance Policy.The high court was hearing a petition by a holder of a liquor shop license challenging State's order directing her to...
The Rajasthan High Court has said that allotment of liquor shops in densely populated market was "prima facie" against Articles 21 and 47 of the Constitution, and directed the State to furnish an explanation with respect to such allotment and submit its Temperance Policy.
The high court was hearing a petition by a holder of a liquor shop license challenging State's order directing her to change the location of the shop.The petitioner had an allotted liquor shop in the Kishanpole Bazar, Jaipur since 2021-22 as per the Excise Policy. It was submitted that by issuing a notice on 13.08.2025, "due to public resentment", the petitioner was directed to change the location of the shop to an unobjectionable area. Against this, the petition was filed.
Justice Sameer Jain in his order while issuing notice on the petition directed:
“On the next date of hearing, Commissioner of Excise Department as well as Principal Secretary are directed to appear via V.C., and furnish the Temperance Policy vis-a-vis Article 21 and 47 of the Constitution of India as well as tender a reasonable justification qua allotments of liquor shops in public area wherein temples, schools and sacred things are located. Further, 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 Court observed that as per Article 47 of the Constitution, the State shall make an attempt to prohibit the consumption of intoxicating drinks and drugs which were injurious to health except for medicinal purposes. Furthermore, the petitioner had no vested right to sell liquor.
However, as the Court further highlighted, despite the Temperance Policy, the State had approved a location for the liquor shop in a public market.
In this background, the Court directed the Commissioner of Excise Department and the Principal Secretary to appear in the next hearing and furnish the Temperance Policy.
The matter has been next listed for September 9.
Title: Sadhana Shivhare v State of Rajasthan