The court held that petitioners failed to prove the status of the area as a 'residential colony,' failing to meet distance requirements under the Excise Rules.

JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. This petition, purportedly in public interest, has been filed by the residents of Karela Bagh Colony and Blocks B and C of Guru Teg Bahadur Nagar, Prayagraj praying for a direction commanding the respondents to close/shift liquor shops of the private respondents from the present location/site which are within the distance of the prohibited radius of 100 metres as per U.P. Number and Location of Excise Shops Rules, 1968 (‘the Rules, 1968’) as noticed by the Hon’ble Supreme Court in the case of Manoj Kumar Dwivedi which had approved the Division Bench decision of this Court taking view that any liquor shop should not be situated within 100 metres of the entrance of a residential colony (hereinafter Karela Bagh Colony).

2. As per the pleadings contained in the petition, the private respondents have established their foreign liquor, beer and country liquor shops in residential area at a distance of nearly 50 to 60 metres from the entry roads of the residential colony and an ancient Shiv temple. The residential colony is said to have been established by Labour Department and rent receipts issued by the said Department from time to time have been annexed.

3. Placing reliance on the Rules, 1968, the case of the petitioners is that Rule 5(4) thereof prohibits running/opening of liquor shops within 50 metres radius of a residential colony and a Division Bench of this Court has already decided Civil Misc. Writ petition No. 39914 of 2009 Bishop Johnson School and College and another Vs. Excise Commissioner, State of U.P. and others: 2010 (3) AWC 2626 taking note of the judgment in the case of State of U.P. and others Vs. Manoj Kumar Dwivedi and others: 2008 (2) AWC 1302 (SC) holding minimum prohibited distance for location of running liquor shops as approximately 100 metres from schools, hospitals, places of worship or factories or the entrance to a market or a residential colony

4. The petitioners have indicated distances of the disputed liquor shops that have been established in the excise year 2025-26 as 60 metres, 100 metres, less than 30 metres and less than 50 metres from a park, entrance gate of the colony, Shiv Temple etc. Reference to another order passed in Writ Petition (PIL) No. 41593 of 2011, Akhil Bhartiya Sarva Jan Hitay Sarva Jan Sukhay Parishad Vs. State of U.P. and others, decided on 22.12.2017, has also been made and it is also the case of the petitioners that the shops in question have encroached upon the passage between residential houses and the owners of the premises of the shops have let out the same drawing nearly 6-8 times more rent in comparison to any other ordinary shop which would have operated in the same premises of equal area. The petition is accompanied by sketch map of the locality and also certain photographs of liquor shops and few applications moved by the petitioners before the District Magistrate, District Excise Officer and the Chief Minister of the State.

5. At initial hearing of the matter, learned Standing Counsel was granted time to obtain instructions in the matter. Instructions were furnished, inter alia indicating that in terms of Rules, 2008, shops can be opened at a distance of 50 metres from the residential colony and that the shops in question are located at a distance of 95 metres, 101 metres and 125 metres therefrom. The said statement made on behalf of the State- respondents was disputed by the petitioners and by an order dated 06.05.2025, this Court granted time to learned counsel for the petitioners to obtain instructions if the petitioners were prepared to deposit a sum of Rs. 50,0