Mumbai, Nov 19: The long-simmering dispute between the Jain community and a wine shop has escalated to the Bombay High Court. A writ petition has been filed challenging an order issued by the Mumbai city collector, which had previously upheld the operating legality of Masjid Bunder-based Anand Wines, despite allegations that the liquor outlet is situated in violation of mandatory distance norms from the city’s second-oldest Jain temple.
Petition Challenges Collector’s Finding on Proximity to Derasar
The petition, filed on behalf of the temple trust and the Jain community, centers on the proximity of Anand Wines to Shree Anantnathji Maharaj Derasar, said to be Mumbai's second oldest Jain temple built in 1833.
Although the dispute has been long standing between the religious institution and the liquor shop, it peaked recently after the Mumbai City collector dismissed the petitioner’s complaint dated March 27, 2024, seeking relocation of the liquor shop.
The complaint read, “The presence of the wine shop in such close proximity to a place of worship is inappropriate and disrespectful. The residents have raised concerns that are impacting the sanctity and tranquility of the area.
Jain temple trust moves Bombay High Court seeking cancellation of Anand Wines’ license over proximity concerns | Photo Credits: Salman Ansari
Excise Department Survey Records Contradictory Distances
Based on this, the state excise department commenced an inquiry and found that the liquor shop was established on August 12, 1999, after being shifted from Bhuleshwar, where it was named as Tipu Wines. It noted that the shop’s license marked it free from restrictions at the time of transfer.
Collector Accepts Front-Gate Distance, Rejects Back-Gate Evidence
However, the department’s survey revealed that the liquor shop is 88.4 metres away from the temple’s main gate. However, it also recorded that the distance between the temple’s backdoor and the wine shop was only 13 metres, which violated the norms prescribed under Mumbai Foreign Liquor Rules, 1953.
“The licensee does not appear to be free from restrictions as it is within 50 metres of the nearest entrance of a registered religious institution,” read the show cause notice to Anand Wines, seeking reply about why its license should not be cancelled since it is not exempted from the inter-restrictions.
However, the collector dismissed the complaint stating that the distance between the front door and the wine shop is 87.2 metres and therefore it is free from restrictions.
He cited the survey by the state excise department’s deputy superintendent, which said that the back door was found closed on all the three occasions of the official’s visit, hinting that the door is not in use. The order also cited the then collector’s order granting license to Anand Wines, calling it free from restrictions.
Jain temple trust moves Bombay High Court seeking cancellation of Anand Wines’ license over proximity concerns | Photo Credits: Salman Ansari
Petition Points to Contradictions Between BMC and Excise Records
The petition challenges the order stating that it considered a report from Brihanmumbai Municipal Corporation, dated April 19, 2025, which recorded that there is no reference of backdoor of the said temple but did not consider the temple CEO Rajendra Khona’s statement to the excise department, dated June 3, 2024, which stated that the temple’s backdoor is being used for religious work. It alleged the order to be bad in law, highlighting the contrary findings in BMC report and state excise department’s records.
It has urged the High Court to quash and set aside the district collector’s order dated July 3, 2025, and cancel the liquor license issued to Anand Wines under the provisions of Maharashtra Prohibition Act, 1949. It also prayed the court to suspend operations of the liquor shop’s license until the final disposal of the petition.
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Anand Wines Owner Calls Case Harassment Tactic
The Free Press Journal contacted Sushil Khatanhar, the owner of Anand Wines, who said, “We have been running this business for 25 years and there has never been any objection from any local citizen. The temple’s back gate has not opened in the last 30 years and they have recently started opening it to make it an issue against us. This is a tactic used to harass us so that we give up our shop.”
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