JUDGMENT

KRISHNA IYER J.:— We have today disposed of a batch of writ petitions arising under the Punjab Excise Act, 1914 (Annexure A). There the petitioner had challenged S. 59 (f) (v) and R. 37 as unconstitutional. In the present batch of writ petitions the contention is identical except that the enactment and rule are formally different but in pari materia. Section 41 (e) (v) of the U. P. Excise Act empowers the Excise Commissioner to make rules fixing the days and hours during which licensed premises may be kept opened or closed. Rule 13 B is one such rule which forbids sale of liquor "on all Tuesdays as well as the first day of every month." Aggrieved by R. 13-B (as amended), because it prohibits liquor trade on the Ist of every month the petitioners, who are licensees, have come up to this Court challenging its vires, Rule 13-B reads thus:

"13-B. All excise shops (including foreign liquor, country spirit, home drugs, opium, tari and outstill shops) shall not be kept open on Independence day (Aug. 15) Mahatma Gandhi Birthday (October 2) and on the day of Mahatma Gandhis tragic death (January 30) every year and also on all Tuesdays as well as on the first day of every month.

Provi