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J&K High Court · body

2016 DIGILAW 478 (JK)

Mohd. Zaffar v. State

2016-09-27

B.S.WALIA, R.SUDHAKAR

body2016
JUDGMENT : 1. Heard Mr. Swarn Kishore Singh, learned counsel for petitioners and Mr. J.I. Ganai, learned Advocate General, appearing for respondents. The cause for which the Public Interest Litigation is filed is that publication was made for grant of License for running a Bar in the village Karol, Tehsil and District Ramban. According to the petitioners, who have filed this writ petition in public interest, the proposed place is close to the Temple, place of religious worship and also proximity to a school and therefore, it is likely to affect the interest of public at large, the people going to the Temple and to the children. This is also stated that the proposed site is very close to fresh water of the village which is used for drinking purposes, therefore, if the Bar is allowed to open at that place, it will be a great nuisance to the people. It is also close to the National Highway. On these lines, detail representation has been filed i.e. Annexure, D & E dated 12.07.2016 along with photographs as Annexures, F, G, H and I. 2. Learned Advocate General, on notice, would state that similar issue was considered by this Court in case titled Suhasni Vasisatha vs. State and Others, WPPIL No. 23/2015 decided on 31.12.2015, stating that complete ban for grant of license of Bar cannot be assailed. However, the Court directed that the competent authority should look into the various guidelines and the rules governing the grant of license and preferably it should be ensured that no disturbance is caused to the public, religious place or school or any other place of public use. 3. Keeping this in mind and the representation made, respondent-Excise Commissioner, Excise & Taxation Department is directed to re-look into the issue within two weeks from the date of receipt of copy of this order. WPPIL stands closed.