(1) M/s Marudhara Hotels Pvt. Ltd. Vs. State of Rajasthan & Others IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : M/s Marudhara hotels Pvt. Ltd. Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.2238/2004.) DATE OF ORDER : April 16, 2007 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. V.D. Kalla for the petitioner. Mr. Kailash Joshi for the respondent(s). Mr. Ashok Upadhyay, Dy. G.A. BY THE COURT : Heard learned counsel for the petitioner. By way of the present writ petition, the petitioner seeks to challenge order dated 28.04.2004 on the ground that the order is violative of Article 19(1)(g) of the Constitution of India. According to the facts of the case, initially under Annex.-5 dated 26.02.2004, the State Government in the Department of Local Bodies set up 'No Meat Zone' in 500 mtr area around the (2) M/s Marudhara Hotels Pvt. Ltd. Vs. State of Rajasthan & Others Ranakpur Jain Temple and in exercise of power under Section 68(3) of the Rajasthan Municipalities Act, 1959 the State Government cancelled the resolution adopted by the Municipal Board, Sadari whereby the Municipal Board had prohibited supply of meat within the area of 10 kms of the Ranakpur Temple. However, in supercession of the notification dated 26.02.2004, the State Government has issued the impugned notification dated 28.04.2004 whereby the area of prohibition of sale and supply of meat around the temple has been increased to 5 kms. The petitioner is an hotelier and it is prayed by learned counsel for the petitioner that they are not only providing boarding and lodging facilities to the tourists but, under their norms of the trade, they are creating atmosphere where the tourists can feel homely and have all the facilities of their food within the hotel. According to learned counsel for the petitioner in the hotels meant for the foreign as well as native tourists food restrictions cannot be enforced and the petitioner hotels have to provide food to the tourists of their choice. It is submitted that the food is served by the petitioner to the tourists either in the dining-hall or in the rooms where they are staying. It is contended by the learned counsel that all these aspects have not been considered at the time of issuing the impugned order whereas the petitioner is selling meat only for providing food (3) M/s Marudhara Hotels Pvt. Ltd. Vs. State of Rajasthan & Others facilities to the tourists who stay in the hotel. From perusal of the impugned order/notification, it is obvious that the same has been issued by the State Government in exercise of powers under Section 297 of the Rajsthan Municipalities Act and it is not for this Court to decide how certain prohibitory directives need be enforced in a particular area around a shrine. It is purely an administrative question and must be decided by the Government keeping in mind all aspects of the matter. In the facts and circumstances of the case, it is appropriate that the petitioner may file representation to the Government narrating entire facets and raising all the grounds available to it, including the recommendations of the Secretary, Department of Tourism, Art & Culture, contained in their letter dated 13/18-02- 2003. If such a representation is filed by the petitioner within one month from today, respondent No.1 is directed to consider and decide the same after providing opportunity of hearing to the respective parties in accordance with law. Ordered accordingly. At this juncture, learned counsel for the petitioner submits that liberty may be reserved to the petitioner to approach this Court in case any order adverse to the petitioner is made on his representation. It is obvious that if the representation is decided (4) M/s Marudhara Hotels Pvt. Ltd. Vs. State of Rajasthan & Others by the respondent No.1 against the petitioner, it is at liberty to challenge the same before this Court. With aforesaid observation/direction, the writ petition stands disposed of. (Gopal Krishan Vyas) J.