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The Allahabad High Court on Thursday sought State government’s response in a Public Interest Litigation that has demanded removal of a licensed liquor shop located in front of a 50 years old temple where many devotees visit on a daily basis as well as a children’s school.

The matter was heard before the division bench of Justice Ramesh Sinha and Justice Vivek Varma. Upon petitioner's plea, the bench directed the Standing Counsel to seek necessary instructions in the matter by the next date of listing i.e. December 15, 2021. 

The petitioner, a practicing advocate of the High Court bench at Lucknow, had appeared in person and alleged that there is a licensed liquor shop at Hari Bazar, Balaganj, Hardoi Road, Lucknow located in front of St. Joseph School and J.P.S. Children's Hospital which are near a residential area. He had avered that the owner of the said shop is a very influential person. 

The petitioner advocate had also pointed out that as per Uttar Pradesh Number and Location of Excise Shops Rules, 1968, liquor shops cannot be operated within fifty meters in the municipal area.

He drew court's attention towards the fact that in contravention of this rule, the said liquor shop is being operated within 25-35 meters from St. Joseph School, J.P.S. Children's Hospital, old temple, and residential area at Hari Bazar, Balaganj, Hardoi Road, Lucknow.

Taking note of petitioner's contentions, the High Court directed the Standing counsel to seek state's reply.

Recently, the Supreme Court had refused to issue directions for closing a bar near a temple. the Top Court had noted that firstly, the bar was outside the prohibited distance, and secondly, the temple trust had not objected to the existence of the bar in close proximity of the temple.

Importantly, The Apex court had held that "mere proximity of a bar to a place of worship, if the statutorily prescribed distance of 100 meters is maintained between the two, is no ground for closing down the bar.

The court had observed that once the statutory distance between the two is maintained, there is little the courts can do legally as some may want to pray while other may want to have a drink.

Case Title: Ashok Kumar Shukla v. State Of U.P.