Read Time: 04 minutes

The Allahabad High Court on Wednesday granted a week's time to the State Government counsel to seek instructions from the Uttar Pradesh Government on a plea challenging closure of eateries/restaurants selling non-vegetarian food near Krishna Janmbhoomi, Mathura. 

In September last year, the State Government had declared an area of 10 square kilometers around the birthplace of Lord Krishna comprising 22 wards of the Mathura Nagar Nigam, a ‘teerth sthal’ (pilgrimage site). A day after the declaration, the license of the shopkeepers selling nonvegetarian food was canceled.

Noting that "the matter requires consideration" the division bench comprising Justice Saumitra Dayal Singh and Justice Shekhar Kumar Yadav directed that if the Standing Counsel fails to obtain the instructions, petitioners' prayer for interim relief shall be considered on the next date of hearing.

The petitioners, Mujahid Mohd. and 8 others, have challenged one communication dated September 11, 2021, issued to them by the Food and Drug Administration (FDA) through which their license to run their shops, restaurants were canceled.

As per the petitioners, there is no enabling law under which such a communication can be issued, no prior notice was given to them and their views were not ascertained before issuance of aforesaid communication.

Advocate Kamal Krishna Roy, representing the eatery owners told Lawbeat that notably these eatery owners, due to respect towards the holiness of the place, close their shops 15 days earlier to the festival of Krishna Janmashtami and also distribute food, water to the devotees who visit Lord's birthplace during that time. 

He said that this act of license cancellation without giving any opportunity to his clients to place their view on record is nothing but violation of these shop owners' fundamental rights. 

The court has posted the matter on March 9, 2022, for further hearing. 

Case Title: Mujahid Mohd. And 8 Others v. State Government Of Up And 4 Others