The Allahabad High Court recently sought the response of the State authorities to a plea challenging the operation of a ‘theka’ (wine shop) near a temple in Ayodhya during the month of Shravan (Sawan).
The plea was filed challenging the grant of license to private individuals to operate a wine shop near Shravan Shram Mandir Khiharan (temple) in Milkipur, Ayodhya.
The petitioner argued that the shop’s proximity to the temple was causing undue hardship to devotees, particularly during the Shravan month.
It was also pointed out that a complaint to the Deputy Excise Commissioner of Ayodhya was dismissed because closing the shop would result in losses to the excise department.
After examining all the submitted documents, a Bench of Justice Sangeeta Chandra and Justice Prakash Singh directed the authorities to file a reply detailing the procedure adopted to measure the distance between the temple and the wine shop.
“Let personal affidavit be filed by the District Excise Officer, Ayodhya with regard to the procedure adopted for making measurement,” the order said.
According to the relevant rules, the distance between a temple and a wine shop must be at least 100 meters.
In this case, the distance is under dispute because of a lack of clarity with respect to the starting point of the measurement taken.
The Court, therefore, asked the authorities to explain the measurements carried out from both the old gate and the new gate of the wine shop to the boundary wall of the temple.
“We have gone through the Government Order dated 20.03.2008, a copy of which has been enclosed along with the instructions. The photographs of the area i.e. the road on which the wineshop is situated and the measurement carried out from the old gate and the new gate to the boundary wall of the temple concerned, be filed along with the affidavit,” the Court directed.
Advocates Satish Kumar Sharma and Harendra Singh appeared for the petitioner.
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