Ban on non-vegetarian food near Somnath temple remains in force, High Court stays single-bench order

According to a Mint report, the ban on the sale of non-vegetarian food around the famous Somnath temple in Gir Somnath district will continue for the time being. The Gujarat High Court on Friday (October 30) stayed the order of the single-judge bench in which these bans were quashed. The division bench comprising Chief Justice Manash Ranjan Pathak and Justice Nirzar Desai issued this order on an urgent appeal filed by the Gujarat government. Along with this, the court clarified that the notification issued by the Gir Somnath district collector banning the sale of non-vegetarian food items in designated areas will remain in force for now. The division bench will now hear this matter on the coming December 26.

Earlier on Friday, Justice Nisha Thakore had allowed the petitions filed by the owners of hotels and restaurants operating near the Somnath temple in Gir Somnath district and declared the collector's notification null and void. Challenging this single judge's decision, the state government immediately approached the division bench, which stayed the implementation of this decision late in the evening.

In this notification issued by the Gir Somnath district collector on August 10, 2026, a complete ban has been imposed on preparing, storing, and selling non-vegetarian food within a 500-meter radius of the Somnath temple. In addition, these restrictions have also been applied to six specifically identified roads that form part of the Somnath pilgrimage circuit and connect important religious sites in this area. With the division bench staying the single judge's order, all these restrictions will remain in force until the court's next orders.

On the other hand, hotel and restaurant owners had petitioned the Gujarat High Court arguing that these restrictions violate their fundamental right to conduct lawful business and earn a livelihood. They had challenged the collector's notification imposing bans on the preparation, storage, and sale of non-vegetarian food in areas around the temple and on designated pilgrimage routes.

Opposing the petitions of the hotel and restaurant owners, the state government argued in court that the constitutional freedom to conduct business does not mean that any person has the right to carry out any type of commercial activity anywhere without considering the suitability of any place of religious, historical, and cultural importance. The government stated in its submission that Somnath is not an ordinary commercial town, but a center of profound spiritual faith for millions of Hindus. On this very basis, the state government supported the restrictions imposed through the collector's notification.

With the High Court division bench's decision to grant a stay, it has become clear that the dispute regarding the legality of these restrictions will continue, and this matter will now be taken up for hearing on the coming December 26.