The Rajasthan High Court observed that allotment of liquor shops in densely populated markets prima facie appears to be against the provisions of Articles 21 and 47 of the Constitution of India.
The petitioner contended that since 2021–22 she had been allotted a composite liquor shop at Shop No. 98, Kishanpole Bazar, Jaipur under the Excise Policy, which after remaining unauctioned for 2024–25 was sanctioned to her through negotiation and continued for 2025–26 with a 5% enhanced license fee. It was urged that the shop location and map were duly approved on June 2, 2024 in accordance with law and Supreme Court precedents, and that no terms or conditions of the license were ever violated. However, by notice dated August 13, 2025, citing public resentment, she was directed to shift the shop to an unobjectionable area, though a copy of this notice was not supplied, leading to the filing of the present petition.
Justice Jain observed that as per Article 47 of the Constitution, the State shall make an attempt to prohibit the consumption of intoxicating drinks and drugs which were injurious to health except for medicinal purposes. The Court noted that liquor and goods/article covered under Article 47 were covered by the doctrine of res extra commercium, emphasizing that the petitioner had no vested right qua the sale of liquor despite the State having approved a location in a public market over the years despite its Temperance Policy.
The Court directed the Commissioner of the Excise Department and the Principal Secretary to appear via video conference and place on record the State’s Temperance Policy in light of Articles 21 and 47 of the Constitution. The Court further asked the State to furnish a reasonable justification for the allotment of liquor shops in public areas where temples, schools, and other sacred sites are located, as well as in densely populated markets, which prima facie appeared contrary to Articles 21 and 47 of the Constitution.
Appearances:
Petitioner: Mr. S.N. Kumawat, Mr. Naval Kishore Mali
Respondent: Mr. Harsh Vardhan Katara for Mr. Bharat Vyas, AAG