The Gujarat High Court Division Bench on Friday restored the ban on the preparation, sale and storage of non-vegetarian food in areas surrounding the Somnath Temple, staying a single-judge order that had quashed the restriction. 

A Division Bench comprising Acting Chief Justice (ACJ) Manash Ranjan Pathak and Justice Nirzar S Desai stayed the order passed by Justice Nisha M Thakore earlier in the day, which had set aside the ban imposed by the District Magistrate.

The Gujarat government immediately challenged the single-judge's decision after it was pronounced at around 3 pm. The Division Bench took up the State's appeal at approximately 5.30 pm, barely two-and-a-half hours later. Notably, the single-judge's judgment had not yet been uploaded to the High Court's website when the appeal came up for hearing.

The dispute arose from a preliminary notification issued by the District Magistrate on July 10, inviting objections to a proposed ban on the preparation, sale and storage of meat, fish and other non-vegetarian food at shops, restaurants, hotels and roadside stalls in specified areas.

Following the objections process, the District Magistrate issued a final notification on August 10, prohibiting these activities across seven specified stretches and areas, including all locations within 500 metres of the Somnath Temple.

Restaurant owners operating in the affected areas challenged the notification before the High Court, arguing that the District Magistrate lacked the authority to impose a blanket prohibition on the sale and preparation of non-vegetarian food.

Allowing their petition on October 30, Justice Thakore held that the restriction infringed upon the restaurant owners' right to carry on their businesses. The single-judge observed that while authorities could regulate the preparation, storage and sale of non-vegetarian food, they could not impose a complete prohibition.

The Court also rejected the argument that the ban was necessary to protect the religious sentiments of devotees visiting the temple.

"Hinduism is not monolithic but the choice or ritual of consuming food varies region wise. Thus, consumption of non-vegetarian food cannot be recognised as an essential feature of religious practice but rather a personal choice," Justice Thakore observed.

The single-judge further clarified that the power to regulate an activity could not be interpreted as the power to completely prohibit it.

"The Courts have time and again distinguished the power to regulate does not mean to completely extinguished. On the contrary, power to regulate implies the continued existence of the activity being regulated," the judgment stated.

Before the Division Bench, the State government argued that the single-judge had wrongly quashed the notification. It contended that permitting the sale and consumption of meat, fish and other non-vegetarian food in the specified areas during the upcoming festive period could hurt the religious sentiments of devotees and create inconvenience and safety concerns around the temple.

Advocate General Kamal Trivedi submitted that a large number of devotees were expected to visit Somnath Temple during the upcoming Deepavali holidays and the Gujarati New Year.

He argued that allowing the assembly of people carrying meat, fish and non-vegetarian dishes in the restricted areas could hurt the sentiments of devotees and believers, besides causing inconvenience, annoyance and potential risks to the temple and its surrounding religious areas.

The State also relied on judgments of the Supreme Court, Allahabad High Court and Punjab and Haryana High Court to support its contention that such restrictions were legally permissible.

Taking note of the State's submissions and the expected influx of devotees during the festive period, the Division Bench directed that the District Magistrate's August 10 notification would continue to remain in force.

"Considering the aforesaid submission as well as considering the fact that during the forthcoming Deepavali and the Gujarati New Year large number of devotees are likely to visit Somnath Temple, the Final Notification dated 10.08.2026 issued by the District Magistrate, Gir Somnath... shall remain in force till the returnable date and the order passed by the learned Single Judge... of 2026 today (30.10.2026) shall remain stayed until further orders," the Bench ordered.

The Division Bench also sought responses from the restaurant owners and directed that the State's appeal be heard along with a petition filed in 2018.

The matter will now be heard on November 25.

Advocate General Kamal Trivedi, Government Pleader GH Virk and Assistant Government Pleaders Dharitri Pancholi and Brijensingh Thakur appeared for the State and other petitioners.

Advocate Asarar L Mansuri appeared for the restaurant owners.

Case Title: State of Gujarat & Ors. v. Taj Restaurant Owner Aakib Aminbhai Khan & Ors.