Compliance with statutory distance regulations for liquor shops from sensitive establishments is essential for public health and must be enforced by state authorities.

ORDER :

1. The instant writ petition (PIL) has been preferred by the petitioners claiming the following reliefs :

"A) The Respondent State authorities be directed to shift/Locate all the Liquor shops in the City of Sujangarh 500 mtrs. vs. K. Balu & anr. and Judgment dated 20.03.2023 passed in Kanagachettikulam Makkal Podhunala Eyakkam vs. U.O.I. & Ors. and B). The Respondent State be directed to amend Rule 75 of the Rajasthan Excise Rule, 1956 in accordance with the directions issued by the Supreme Court in the case of State of Tamil Nadu represented by its Secretary Home, Prohibition and Excise Department and others Vs. K. Balu dated 15.12.2016 and reiterated in Kanagachettikulam Makkal Podhunala Eyakkam vs. U.O.I. & Ors. vide Judgment dated 20.03.2023: and C) Any other order or direction, which the Hon'ble Court deems just and proper in the facts of the circumstances of the case be passed in favour of humble petitioners.”

2. Learned counsel for the petitioner has referred to Rule 75 of the Rajasthan Excise Rules, 1956, which reads as under :

"75. Location of shops –

(1) A licensee for the retail sale of Country Liquor, Foreign or Indian Made Foreign Liquor or hemp drugs shall have his shop only at a place approved by the District Excise Officer concerned.

(2) A shop for the retail sale of Country Liquors or Foreign or Indian Made Foreign Liquor shall not be located within a distance of 200 metres of Collegiate Educational Institution, Senior Higher Secondary School, Girls School of any standard, Hospital, Place of Worship or Place of Public Entertainment, a Factory or a Labour or Harijan Colony.

(3) A retail shop shall not be shifted from one place to another but if a licensee desires to change already approved location of the shop, same may be allowed by the District Excise Officer concerned on such conditions and fees as determined by the Excise Commissioner from time to time (4) The District Excise Officer, with sufficient reasons to be recorded in writing, shall have the powers to shift a shop from one place to another and no compensation shall be given to the licensee for such shifting of a shop.

Provided that the Excise Commissioner may grant relaxation in the above conditions of location of a Liquor shop in exceptional circumstances after recording sufficient reasons in writing for doing so.

(5) A shop for the retail sale of country liquor, Foreign liquor and Indian Made Foreign Liquor, beer or Hemp Drugs shall not be located within a distance of 150 meters on both sides from the Centre of National or State High ways. But this condition shall not apply in areas falling within the jurisdiction of Municipal Corporation/ Municipal Council/ Municipality or where a developed market at a distance specified by Public Works Department is located.

Explanations-

(1) For the purpose of sub-Rule (2) of Rule 75 , the restriction about the distance of a shop from a "Place of Worship" in the cities having a population of more than one lac shall only be applicable in respect of those places of worship entered in the list maintained in the Office of District Excise Officer.

(2) Harijan Colony shall mean a Municipal Ward, in which population of Person belonging to Scheduled Castes according to the latest census exceeds fifty percent of the total population of that ward, (3) Any shop situated near an Educational Institution other than a College or Senior Higher Secondary School level Institutions or girls school of any standard shall be opened only at least one hour after the closing time of that institution.

(4) for the purpose of sub-rule (2) of Rule 75 "Place of Public En