Liquor shops: SC stays operation of Allahabad HC order

New Delhi, Apr 28 (UNI) The Supreme Court today stayed the operation of impugned Allahabad high court order dated March 22 and March 31, 2006 ordering immediate closure of liquor shops located in close vicinity of schools and hospitals in the Districts of Allahabad and Lucknow.

A bench comprising Mrs. Justice Ruma Pal and Mr Justice A K Mathur also issued notices on the appeal filed by the state of Uttar Pradesh challenging the impugned order alleging that such orders were causing a loss of about Rs 200 crores to the state exchequer and were passed without hearing the state.

The impugned order directing the state of UP not renew the licences of liquor shops beyong March 31, 2006 was passed on a PIL filed by one Anand Mohan, claiming to be a social activist.

The PIL related mainly to encroachments, traffic problems, parking and pollution etc. According to the appellant state no relief against liquor shops was prayed for in the petition and the state of UP was not even allowed to file its counter reply to the PIL. The impugned orders were violative of principle of natural justice.

The prohibition is a state subject and a licenced liquor shop can not be closed without the orders of the district collector after holding a proper inquiry.

The Central government has been impleaded as proforma respondent along with 13 other proforma respondents against whom no relief is being sought.

UNI AKS/SC RP HS1746