S.N. Jha, CJ.-The dispute in this writ petition which has been filed as a public interest litigation relates to location of an excise shop at Magra-Punjala, Kirti Nagar, Jodhpur, The petition was filed on 01.06.2005 during currency of the licence for 2005 -2006 and though the period has since expired we are told that fresh licence has been issued to the contractor, Sita Ram Kachhawaha, Respondent No. 5 herein, for shop at the same site.

2. The case of the petitioners is that the shop is situated within the prohibited distance prescribed under Rule 75(2) of the Rajasthan Excise Rules, 1956. It is said that there are four schools in close proximity besides a Hanuman temple and, therefore, the location is violative of Rule 75(2).

Rule 75 so far as relevant runs as under:-“75. Location of shops-(1) A licensee for the retail sale of Country Liquor, Foreign or Indian Made Foreign Liquor or hemp drugs shall have his shop only at a place approved by the District Excise Officer concerned.

(2) Ashop for the retail sale of Country Liquor or Foreign or Indian Made Foreign Liquor shall not be located within a distance of 200 meters of Collegiate Educational Institution, Senior Higher S