1 week ago
7
ARTICLE AD BOX
Coming down heavily on Rajasthan govt in November, the Rajasthan HC had instructed the state government to remove 1,102 liquor outlets beyond 500 metres of the highways within two months.
Written by Hamza Khan Jaipur | January 19, 2026 05:51 PM IST
4 min read
Senior advocates Mukul Rohatgi and Naveen Pahwa, appearing on behalf of various liquor license holders, raised similar challenges and their petitions were also listed along with the state’s petition and were taken up together by the SC.
The Supreme Court Monday stayed the operation of an order passed by the Jodhpur Bench of the Rajasthan High Court which had directed the removal and shifting of 1,102 liquor shops located along national and state highways in Rajasthan, including those situated within municipal and urban local body limits.
Story continues below this ad
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the interim stay while hearing a Special Leave Petition filed by Rajasthan and other Licence Holders challenging the High Court’s November 2025 order.
Coming down heavily on the Rajasthan government in November following an “alarming rise in fatal road accidents” and for turning highways into “liquor friendly corridors”, the Rajasthan HC had instructed the state government to remove 1,102 liquor outlets beyond 500 metres of the highways within two months.
Story continues below this ad
The HC had passed the orders while hearing a 2023 Public Interest Litigation against liquor shops, for violating the Excise Act and its rules, filed by Churu residents Kanhaiya Lal Soni and Manoj Nai. The HC had noted 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 human life”.
The Rajasthan HC had directed the state to identify, remove and relocate all liquor vends situated within 500 metres of National and State Highways, irrespective of whether such shops fell within municipal limits, local self-governing bodies or statutory development authorities. The high court had observed that municipal expansion could not be used to dilute the safety norms laid down by the Supreme Court and expressed serious concern over rising road accidents allegedly linked to alcohol availability near highways, holding that public safety under Article 21 of the Constitution must override revenue considerations of about Rs 2,100 crore loss, directing the state to relocate all such liquor shops within a fixed time frame and file compliance affidavits.
Story continues below this ad
In the SC, Solicitor General Tushar Mehta and Additional Advocate General Shiv Mangal Sharma, appearing for the state of Rajasthan, contended that the high court had re-imposed an absolute and inflexible 500-metre prohibition, contrary to the binding clarifications issued by the Supreme Court itself after its landmark judgment in State of Tamil Nadu versus K Balu and others.
The state argued that subsequent apex court orders — in March 2017, July 2017, and February 2018 — had relaxed the rigour of the original directions by reducing the distance norm to 220 metres in certain cases, and excluding liquor establishments situated within municipal areas from the blanket prohibition, subject to factual determination by the state.
It further contended that the HC, while exercising jurisdiction under Article 226, could not override or disregard the law declared by the SC under Article 141, nor could it curtail the discretion specifically vested in state governments by the apex court.
Senior advocates Mukul Rohatgi and Naveen Pahwa, appearing on behalf of various liquor license holders, raised similar challenges and their petitions were also listed along with the state’s petition and were taken up together by the SC. After hearing the parties, the SC stayed the operation of the Rajasthan HC’s interim order, granting interim protection to the state and the affected licencees.
Hamza Khan is a seasoned Correspondent for The Indian Express, specifically reporting from the diverse and politically dynamic state of Rajasthan. Based in Jaipur, he provides high-authority coverage on the state's governance, legal landscape, and social issues, directly supporting the "Journalism of Courage" ethos of the publication. Expertise Politics & Governance: Comprehensive tracking of the Rajasthan Legislative Assembly, including policy changes (e.g., the Right to Health Bill and Anti-Mob Lynching Bills), bypoll dynamics, and the shifting power structures between the BJP and Congress. ... Read More
Stay updated with the latest - Click here to follow us on Instagram
© The Indian Express Pvt Ltd
English (US) ·