Allowed at around 3 p.m. on October 30, the single-judge ruling was stayed the same evening: the Gujarat High Court has temporarily kept the Somnath non-veg food ban in force, covering the preparation, sale and storage of non-vegetarian food along specified roads and within 500 metres of Somnath Temple. Notice on the State’s appeal is returnable on November 25, 2026.
Ahmedabad: Hearing the State’s appeal on an urgent basis, a Division Bench of the Gujarat High Court has directed that the District Magistrate’s August 10, 2026 notification behind the Somnath non-veg food ban remain in force until the returnable date of the appeal, and has stayed the single-judge order until further orders [State of Gujarat & Ors. v. M/s Taj Restaurant Owner Aakib Aminbhai Khan & Ors.].
The order, dated October 30, 2026, was passed by Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S. Desai. The Division Bench has not finally decided the appeal or conclusively upheld the validity of the restriction.
A ruling at 3 p.m., an appellate Bench by 5.30 p.m.
The restaurant owners had challenged the final notification in Special Civil Application No. 13977 of 2026. According to the Division Bench’s order, the single judge allowed that petition at around 3 p.m. on October 30. The State sought an urgent hearing, and the appellate Bench assembled at around 5.30 p.m.
The Division Bench recorded that the written single-judge judgment was not available or uploaded when urgent consideration was sought and remained unavailable at the time of the appellate hearing.
Rival submissions on the power to impose the restriction
Advocate General Kamal Trivedi, appearing for the State, relied on judicial decisions in support of the argument that reasonable restrictions of this kind were permissible. He also submitted that large numbers of devotees were expected during Deepavali and the Gujarati New Year, and argued that allowing non-vegetarian food in the notified areas could hurt religious sentiments and cause inconvenience or other risks. These were the State’s submissions.
Counsel for the restaurant owners disputed the applicability of Section 33(1)(w), contending that the provision dealt with places of public amusement or entertainment. The Bench reproduced the relevant statutory clauses, including the power concerning places of public amusement, entertainment or assembly and the prevention of obstruction, inconvenience, annoyance, risk, danger or damage.
The notification under challenge
As recorded in the appellate order, the District Magistrate of Gir Somnath first issued a preliminary notification on July 10, 2026 under Section 33(1)(w) of the Gujarat Police Act, 1951. It invited objections within 30 days before the final notification was issued on August 10.
The restriction covers the preparation, sale and storage of meat, mutton, fish and other non-vegetarian dishes at stalls, shops, restaurants and hotels in the identified areas. Those areas include specified roads around the temple and all areas within a 500-metre radius of Somnath Temple.
Interim protection until the returnable date
In paragraphs 9 and 10, the Division Bench considered the material placed before it, the rival submissions and the anticipated festival visitors before granting interim protection. It directed that the August 10 notification continue in force until the returnable date and stayed the single-judge order until further orders.
The Court issued notice returnable on November 25, 2026. It directed that the appeal be listed that day along with Special Civil Application No. 14356 of 2018, an earlier proceeding referred to during the hearing.
The immediate effect is that the notified restrictions continue while the appeal awaits further consideration. The competing arguments on the statutory power to impose them remain part of a pending dispute.
Case Title: State of Gujarat & Ors. v. M/s Taj Restaurant Owner Aakib Aminbhai Khan & Ors.
Case Number: R/Letters Patent Appeal No. 886 of 2026 in R/Special Civil Application No. 13977 of 2026; Civil Application (For Stay) No. 1 of 2026
Court: Gujarat High Court, Ahmedabad
Bench: Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S. Desai
Order Date: October 30, 2026
Status: Interim order; appeal pending; notice returnable November 25, 2026