Sri Little Angels School vs. The State Of Telangana And 3 Others

Facts

The petitioners, Sri Little Angels School and Sri Lakshmi Nagar Welfare Association, filed a writ petition seeking to prevent the establishment of a bar/pub/hookah center in Sri Lakshmi Nagar, Manikonda Jagir, Ranga Reddy District. They alleged the proposed center was too close to their school and a temple. The proposed establishment's owner, Respondent No. 5, was impleaded and submitted that he had obtained necessary trade licenses and GST registration. The Court appointed an Advocate Commissioner to measure the distances between the school, temple, and the proposed bar. The Commissioner's report, which was not disputed by the petitioners, confirmed the distances to be 151 meters from the school and 171 meters from the temple.

Held

The Court held that the writ petition could be disposed of at the admission stage based on the Advocate Commissioner's report. The report, which was not challenged by the petitioners, established that the proposed bar was located 151 meters from the school and 171 meters from the temple. This distance was deemed sufficient to address the petitioners' concerns regarding proximity. The Court directed Respondent No. 5 to always make available the mobile number of the bar's manager to the petitioners. In instances of nuisance or inconvenience caused by drunken patrons in the vicinity of the school or temple, the bar management is to ensure such individuals are removed forthwith at their cost. If there is no response from the management, the petitioners are at liberty to report to the concerned police station for necessary action. The Court did not expressly decide on the legality of the licenses obtained by Respondent No. 5, but rather focused on resolving the immediate dispute regarding nuisance and proximity.

Key Issues

1. Whether the proposed establishment of a bar/pub/hookah center in Sri Lakshmi Nagar, Manikonda Jagir, Ranga Reddy District, is in violation of any regulations or proximity norms concerning educational institutions and places of worship, as per the Telangana Prohibition Act, 1998, and related rules? Petitioner's contention: The proposed bar/pub/hookah center is being established too close to the Sri Little Angels School and a temple, causing potential nuisance and disruption to the educational environment and religious sanctity. They relied on general principles of maintaining peace and order in residential areas and near sensitive establishments. Respondent No. 5's contention: The proposed bar is located at a legally permissible distance from the school and the temple, citing distances of 151 meters and 171 meters respectively. They argued that all necessary licenses, including a trade license from the municipality and GST registration, have been obtained, and the application for a bar license was processed according to rules.