The Karnataka High Court dismissed a Public Interest Litigation (PIL) seeking direction to quash the General License issued by the Respondent – 7 (Panchayat Development Officer , Ryapte Gram Panchayat , Pavagada Taluka of Tumkur district).
The counsel representing the Petitioners submits that the Private Respondent who is running a Bar & Restaurant is a Licensee to run the liquor shop. It is admitted in the Petition that the License has been granted by the Competent Authority.
The counsel for the Petitioners mentioned that this Licensed premises is less than 100 meters distance from an Idgah.
The counsel submitted that there was some movement by the authority of the State as well as concerned Village Panchayat for the breach of instructions; the Authorities were desirous of shifting the Licensed premises to some other place.
The Division Bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit declined indulgence in the matter because no authentic report of jurisdictional Authorities is placed on record to show that the subject Wine Shop premises is situate within the prohibited distance from school, hospital, any religious institution, shrine or the like.
In the absence of that, a petition cannot be entertained merely because the people in the area suffer some annoyance because of the Wine Shop. It hardly needs to be stated that the right to run a business in accordance with law is constitutionally guaranteed and unless the objection of the public at large to the conduct of such a business fits into the legal parameters, such a right cannot be curtailed , the Bench observed.
“The second contention of the Petitioners is that the Wine Shop premises is situated within a distance of 100 meters measured from the Idgah, a religious institution of persons who profess Islam.
No official record is produced nor any reason is assigned for non-production to show the actual distance being less than 100 meters. Be that as it may. Neither the Petitioners nor any of those who had given the representation to the Authorities are shown to be the persons professing Islamic religion.
There is not even one single sentence about the same. No material is produced even otherwise to vouch the allegation that the customers of the Wine Shop are causing any annoyance to those who go to the said Idgah”, the order states.