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Summary of Relevant Sources on Liquor Shop Proximity Rules in Karnataka and Other States

Key Points and Insights

• Distance Restrictions Near Educational and Religious Institutions: Various states, including Karnataka, Rajasthan, Telangana, Uttar Pradesh, Tamil Nadu, and Chhattisgarh, have stipulated minimum distance requirements for liquor shops relative to schools, colleges, hospitals, places of worship, and residential areas. For example:
• Karnataka (Source: 2025 Supreme(Online)(Raj) 14106, 1993 0 Supreme(Ker) 229): A shop must be at least 200 meters away from schools, colleges, hospitals, and places of worship.
• Rajasthan (Source: 2025 Supreme(Online)(Raj) 14106): Country and foreign liquor shops must be 150 meters from highways, and 200 meters from educational institutions and hospitals.
• Telangana (Source: 2023 0 Supreme(Telangana) 397): Similar restrictions, with emphasis on proximity to schools and religious places, along with provisions for audits to ensure compliance.
• Tamil Nadu (Sources: 2022 0 Supreme(Mad) 3287,

  Babu .M vs The Managing Director - 2022 Supreme(Online)(MAD) 17877

  , 2022 Supreme(Online)(Mad) 50068): Shops should be at least 300 meters from schools and religious sites; protests and objections from local residents often influence licensing decisions.

• Uttar Pradesh (Source:

  Dipankar Majumder vs The State of Tripura and ors

  ): Rule 5(4) specifies distance restrictions, but also defines 'residential colony' and allows some exceptions if the area was developed after the shop's establishment.

• Proximity Violations and Enforcement: Several instances highlight shops established near or adjacent to residential areas, schools, or religious sites despite regulations. For example, photographs and reports indicate liquor shops near houses and schools, often leading to protests or legal scrutiny.

• In Tamil Nadu, protests in 2018 prevented the opening of certain shops near tollgates due to public objections (Sources: 2022 0 Supreme(Mad) 3287,

  Babu .M vs The Managing Director - 2022 Supreme(Online)(MAD) 17877

  ).

• In Karnataka, shops located within prohibited distances have been challenged, with courts emphasizing adherence to statutory rules.

• Legal and Administrative Actions: Courts and authorities have taken steps to ensure compliance, including audits, cancellation of licenses, or directions to close shops violating distance norms (Sources: 2023 0 Supreme(Telangana) 397, 1993 0 Supreme(Ker) 229,

  Dipankar Majumder vs The State of Tripura and ors

  ).
• Some amendments to rules, like in Karnataka, permit existing shops to continue despite proximity issues, aiming to prevent abrupt closures and support existing businesses (Source: 1993 0 Supreme(Ker) 229).
• Enforcement measures also include removal of signage advertising liquor and prohibitions on signage on highways (Sources: 2025 Supreme(Online)(Raj) 14106, 1993 0 Supreme(Ker) 229).

Analysis and Conclusion

• Application of Rule 5 of Karnataka Excise Act: Based on the provided sources, Rule 5 of the Karnataka Excise Act and its associated rules explicitly prohibit liquor shops from being located within certain minimum distances (generally 200 meters) from schools, colleges, hospitals, and places of worship.
• The recent opening of a liquor shop near a school would typically fall under this restriction unless the area qualifies as a residential colony established after the shop's opening or falls within an exception permitted by specific rules or amendments.

• If the shop is within the prescribed distance, Rule 5 would apply, and the shop could be subject to legal action, including closure or penalties, unless an exception applies.

• Implication of Recent Developments: The existence of shops near schools or residential areas often leads to legal challenges, protests, and regulatory scrutiny. Courts have upheld distance restrictions to prevent liquor sales in sensitive zones, but amendments or specific circumstances (e.g., development after shop establishment) can influence enforcement.

In Summary:

• Yes, Rule 5 of the Karnataka Excise Act applies to the scenario of a newly opened liquor shop near a school unless specific exceptions (like the area being a residential colony established after the shop's opening) are met.
• Legal compliance with distance norms is critical, and authorities can take action if violations are identified.

References:- 2025 Supreme(Online)(Raj) 14106, 1993 0 Supreme(Ker) 229, 2023 0 Supreme(Telangana) 397, 2022 0 Supreme(Mad) 3287,

Babu .M vs The Managing Director - 2022 Supreme(Online)(MAD) 17877

Dipankar Majumder vs The State of Tripura and ors