It was held by the karnataka High court in
Case No : Criminal Appeal No. 17888 of 2007
Prof. G. Shainesh and Others - APPELLANT
Vs
The State of Karnataka and Others - RESPONDENT
(reported in
(2008) 06 KAR CK 0034)
Rule 5 Sub-rule (1) restricts the grant of licence for sale of liquor within the distance of 100 meters from any religious or educational institution or hospital or offices of the State or Central Government or local authority or residential locality where the inhabitants are predominantly belonging to Scheduled Castes or Scheduled Tribes or within 220 meters from the middle of State Highway or National Highway. Referring to Rule 5 Sub-rule (1), he submitted that the object behind Rule 5 Sub-rule (1) is to prevent the sanction of licence of sale of liquor near such places, which otherwise could be against morality, tranquility, decency, safety and against the public interest. He further referred to Rule 5 Sub-rule (3) and submitted that, for the purpose of Rule 5(3), the distance has to be measured along the nearest pathway by which the pedestrian ordinarily reaches, adopting the mid point of the entrance of the shop or midpoint of the nearest gate of the institution, hospital or office as the case may be. The distance of 100 meters as contemplated under Rule 5(1) has to be taken from the mid-point of the shop to the mid-point of the gate or the entrance of the religious or educational institution as the case may be, from where an ordinary pedestrian can reach the shop.
The latest amendment to this rule as per the latest census as sought by you is not known , you may file an application to PIO under RTI act and get clarification.