JUDGMENT

The following order of the Court was delivered:

1. All these special leave petitions involve a common question as to the interpretation of sub- rule (4) of Rule 5 of the U.P. Number and Location of Excise Shop Rules, 1968 (hereinafter for short the "U.P. Excise Rules"). Since these petitions involve a common question, they were heard Together and are being disposed of by this order. However, for convenient Disposal of these petitions, the facts of SL P (C) No. 7756/2006 are taken into consideration.

2. This petition is directed against the judgment and order dated 6.4.2006 passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench whereby the Division Bench has taken the view that the Word "close proximity" used in sub- rule (4) of Rule 5 of the U.P. Excise Rules shall be meant to be 100 meters or 300 ft. (approx.). The brief facts leading to the decision of the Division Bench of the High Court are that a public interest petition was filed before the Lucknow Bench of the High Court making a grievance that liquor shops were opened in purely residential areas in breach of the provisions of U.P. Excise Rules.

3. The said Excise Rules have been made in exercise of the powers under clauses (c) and (f) of sub- section (2) of Section 40 of the Uttar Pr adesh Excise Act, 1910 (U.P. Act No. 4 of 1910) read with Section 21 of the U.P. General Clauses Act, 1904 (U.P. Act No. 1 of 1904). The said Sub- Rule (4) of Rule 5 of the Excise Rules reads as under :-

5. The following principles shall be observed in determining the location and the sites for shops/sub- shops:-

(4) No new shop or sub- shop shall be licensed in close proximity to a place of public resort, school, hospital, place of worship or factory, or to the entrance to a bazar or a residential colony. All objections to the licensing of a shop or sub- shop made by persons affected, shall receive full consideration."

4. The Division Bench of the High Court taking note of the abovesaid provision directed that all the licensed shops which were operating in close proximity to a place of public resort, school, hospital, place of worship or factory, or to the entrance to a bazar or a residential colony shall be closed with immediate effect. As a result of the orders passed by the High Court, as many as 53 liquor shops were closed in Gomti Nagar area of Lucknow. After hearing the parties and taking a just and fair solution to the problem, the Division Bench fixed the distance of 100 meters or 300 ft. (approx.) within which there shall be no liquor shop close to a place of public resort, school, hospital, place of worship or factory, or to the entrance to a bazar or a residential colony.

5. Aggrieved against the said judgment and order of the High Court, this petition has been filed by the State of Uttar Pradesh.

6. Notice was issued in all the petition and the operation of the impugned judgment and order was stayed by this Court vide order dated 28. 4. 2006 . Today the petition has come up for final disposal before us.

7. We have heard learned counsel for the parties and perused the record.

8. Sub- Rule (4) of Rule 5 of the U.P. Excise Rules deals with the location of Excise shop and sub- shop and shop has been defined in Rule 2(a) of the said Rules as under :- "(a) "Shop" means a retail shop for vend of country liquor, foreign liquor and bhang." Rule 5 of the U.P. Excise Rules deals with the location of a shop and The principle which has to be observed while issuing license to a shop. From a plain reading of sub- rule (4) it is clear that no shop or sub- shop for vending of country liquor, foreign liquor and bhang shall be opened in the close proximity to a place of public resort, school, hospital, place of worship or factory, or to the entrance to a bazar or a residential colony.

In case of any violation of the said Rule, if objec