The Gujarat High Court has restored restrictions on the preparation, storage and sale of non-vegetarian food along specified roads near Somnath Temple and within 500 metres of the shrine. A Division Bench of Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S. Desai stayed a Single Judge’s order that had quashed the restrictions on October 30, 2026. The Bench directed that the District Magistrate’s notification remain in force until the next hearing.
Background
The dispute began when the District Magistrate of Gir Somnath issued a preliminary notification on July 10, 2026, under Section 33(1)(w) of the Gujarat Police Act, 1951. After inviting public objections, the authority issued a final notification on August 10, prohibiting the preparation, sale and storage of meat, fish and non-vegetarian dishes at roadside stalls, shops, restaurants and hotels in specified areas.
The restrictions covered designated stretches connecting Balaka Temple, Bhidiya Circle, Shankh Circle, Safari Circle, Prajapati Dharamshala, Gita Mandir and Hamirji Circle, along with all areas within 500 metres of Somnath Temple.
Restaurant owners challenged the notification before the High Court in Special Civil Application No. 13977 of 2026. On October 30, the Single Judge allowed their petition, prompting the State to file a Letters Patent Appeal before the Division Bench.
Advocate General Kamal Trivedi, appearing for the State, defended the notification by relying on previous judicial decisions concerning restrictions in public places. He also pointed to the expected influx of devotees during Deepavali and the Gujarati New Year, arguing that the restrictions were intended to prevent inconvenience and potential risks around the religious site.
The State’s submissions specifically referred to the anticipated crowds and the possible impact of the restrictions’ absence. The order records the argument that allowing non-vegetarian food in the designated areas could “hurt the sentiments of the devotees and believers of Somnath Temple” and potentially cause inconvenience or risks in the vicinity.
Counsel for the restaurant owners, Asarar L. Mansuri, disputed the legal basis of the notification, contending that Section 33(1)(w) concerned places of public amusement, entertainment or assembly and did not authorise the restrictions imposed.
The Bench considered the competing submissions and the precedents cited by the State. Explaining the basis for its interim decision, the Court noted that counsel for the restaurant owners “could not point out any single judgment, whereby a contrary view is taken either by the Hon’ble Supreme Court or by any other High Court.”
The Bench also took into account the forthcoming festivals and the likelihood of large numbers of devotees visiting Somnath Temple. Its order stated:
“the Final Notification dated 10.08.2026 issued by the District Magistrate, Gir Somnath under Section 33(1)(w) of the Gujarat Police Act, 1951 shall remain in force till the returnable date and the order passed by the learned Single Judge in Special Civil Application No. 13977 of 2026 today (30.10.2026) shall remain stayed until further orders.”
The Division Bench issued notice returnable on November 25, 2026, and directed that the appeal be listed alongside Special Civil Application No. 14356 of 2018, an earlier proceeding that remains pending. Consequently, the District Magistrate’s notification continues to operate while the appeal awaits further consideration.
The order is interim and does not finally dispose of the appeal.
