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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANJEET PUROHIT
Kanhaiya Lal Soni, S/o Shri Mal Chand Soni – Appellant
Versus
State Of Rajasthan, Through The Joint Secretary (Excise), Rajasthan State Excise Department – Respondent
ORDER :
1. This Court notes with profound concern that the State of Rajasthan continues to witness an alarming rise in fatal road accidents, leading to the tragic and avoidable loss of valuable human lives. In a separate suo motu proceeding concerning “Road and Public Safety,” this Court has already recorded deep anguish over recurring incidents in which nearly one hundred persons lost their lives within a short span of two weeks, as widely reported in leading newspapers. Such accidents, arising from failures in regulation, enforcement, and infrastructural safety, constitute a grave infraction of the constitutional guarantee under Article 21 of the Constitution of India.
1.1. Recent data published in the NDTV Rajasthan report dated 06.11.2025 and the Hindustan Times (Jaipur Edition) dated 06.11.2025 indicate a steep rise of nearly 8% in cases of drunk driving in the State of Rajasthan during the year 2025. While 40,715 such cases were recorded in 2024, the figure has already escalated to 43,788 by September 2025, marking an alarming increase of approximately 7.55%. This surge is not a statistical anomaly but stands reflected in severe and recurring consequences on public safety and h
The court mandates strict compliance with safety regulations prohibiting liquor shops within 500 meters of highways, reiterating that public safety must take precedence over revenue considerations.
The court mandated removal of liquor shops within 500 meters of highways to uphold public safety and comply with Supreme Court directions.
Compliance with statutory distance regulations for liquor shops from sensitive establishments is essential for public health and must be enforced by state authorities.
Encroachments within the Right of Way (ROW) of National Highways are illegal, threatening public safety and requiring immediate removal and regulatory compliance under constitutional and statutory ma....
A validly enacted law cannot be challenged on the grounds of hardship; the provisions apply uniformly, and existing licenses are not affected by new distance requirements.
Seeking cancellation of licence of - To obtain/get a licence of IMFL is not a matter of right.
Ministry of Road Transport and Highways has already issued the Motor Vehicles (Driving) Regulations, 2017 which should be implemented by the State Governments and Union Territories strictly.
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Courts cannot interfere with the location of liquor stores based on personal moral objections unless guidelines are completely unreasonable or opposed to public policy.
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