The Rajasthan High Court at Jodhpur on Monday delivered a strongly worded order directing the State Government to remove or relocate 1102 liquor shops operating within 500 metres of National and State Highways, expressing sharp displeasure over how “public safety has been compromised for revenue considerations.” The matter was heard by a Division Bench of Justice Pushpendra Singh Bhati and Justice Sanjeet Purohit, and the courtroom atmosphere was tense as the Bench repeatedly questioned the State’s justification for allowing these shops to operate in sensitive zones.
Background
The petition, filed by Kanhaiya Lal Soni and Manoj Nai, challenged liquor shops located dangerously close to highways despite explicit Supreme Court directions in K. Balu (2016) restraining such operations nationwide. As per the case record, the State openly admitted that out of 7665 liquor vends, 1102 are situated along National and State Highways, but claimed these fell within “municipal areas,” thereby exempt from the restriction. The Court, however, noted that the State’s classification appeared “mechanical and opportunistic,” especially when Rajasthan has recently seen an 8% rise in drunk-driving cases and multiple fatal accidents reported by national newspapers.
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Court’s Observations
During the hearing, the Bench repeatedly emphasised that Article 21 - the right to life - cannot be sacrificed for excise revenue, which the State disclosed amounted to ₹2221.78 crore from these highway-located shops.
At one point, Justice Bhati remarked, “The State is the repository of public trust. You were given limited discretion, not a free pass to convert highways into liquor-friendly corridors.”
Referring to the spike in accidents, the Court read from its earlier proceedings which highlighted 28 deaths occurring within just 48 hours in two separate crashes in Jaipur and Phalodi. The judges noted that such tragedies only amplify why the Supreme Court framed the 500-metre buffer rule in the first place.
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The Court also took serious note of the 53 complaints recently lodged against illegal liquor advertising and signages visible from highways, listed district-wise in the Additional Excise Commissioner’s affidavit. The Bench said these violations showed a “persistent and worrying pattern” of disregard for mandatory safeguards.
Another pointed observation came when the Bench expressed concern about fast-expanding municipal limits being misused: “If every stretch of a highway is suddenly branded as urbanised, what remains of the Supreme Court’s policy? The entire protective purpose collapses.”
Decision
The Court finally directed that no liquor shop shall remain operational within 500 metres of any National or State Highway, regardless of whether the State categorises the location as municipal, semi-urban, or under a development authority.
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In crisp terms, the Bench ordered:
- All 1102 liquor shops must be removed or shifted to compliant areas within two months.
- No advertisement, signage, or indication of liquor availability should be visible from highways during or after the relocation process.
- The Excise Commissioner must file a detailed compliance affidavit before the next hearing on 26 January 2025.
With this, the Bench ended the matter for the day, making it clear that road safety-not revenue-will guide future enforcement.
Case Title: Kanhaiya Lal Soni & Anr. vs. State of Rajasthan & Ors.
Case No.: D.B. Civil Writ Petition No. 6324/2023
Case Type: Civil Writ Petition
Decision Date: 24 November 2025
