The Rajasthan High Court, Jaipur Bench, recently heard a petition filed by Sadhana Shivhare, wife of Shri Parshuram Shivhare, against the State of Rajasthan.
The petitioner stated that since 2021–22 she had been allotted a composite liquor shop at Shop No. 98, Kishanpole Bazar, Ward No. 71(H), Jaipur, under the excise policy. For the year 2024–25, when the shop remained unauctioned, it was sanctioned to her after negotiations.
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She further pointed out that on 2 June 2024, the shop’s location and map were duly approved by authorities in line with law and Supreme Court precedents. The allotment continued till 2025–26 with a 5% license fee hike, and she claimed that she had never violated any terms of the allotment.
The petitioner challenged a notice issued on 13 August 2025, directing her to shift the liquor shop due to public resentment. She also claimed that:
- A copy of the notice was not supplied to her.
- She had followed all rules and conditions.
- The sudden relocation order was unfair.
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Hence, she approached the High Court.
Justice Sameer Jain highlighted the constitutional framework regarding liquor regulation. He referred to Article 47 of the Constitution, which directs the State to discourage consumption of intoxicating drinks harmful to health.
The order noted:
“The petitioner has no vested right qua the sale of liquor. Liquor and goods covered under Article 47 are governed by the doctrine of res extra commercium.”
The Court stressed that despite the State’s temperance policy, shops had been approved in public markets for years.
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The High Court issued notices to the State and directed key officials to explain their policy. Specifically:
- The Commissioner of Excise Department and the Principal Secretary must appear via video conferencing.
- They must submit the Temperance Policy in light of Articles 21 and 47.
- They must justify the allotment of liquor shops in densely populated public areas, especially where temples, schools, and sacred places exist.
- The Court expressed concern that such allotments may be against the spirit of Articles 21 and 47.
The matter has been listed for 28 August 2025 for further hearing.
Case Title: Sadhana Shivhare W/o Shri Parshuram Shivhare vs. State of Rajasthan
Case No.: S.B. Civil Writ Petition No. 12689/2025
Date of Order: 26 August 2025
