Hon’ble Ashok Bhushan, J.—Heard Sri A.D. Saunders, learned counsel for the petitioner and Sri Satish Chaturvedi, learned Additional Advocate General assisted by Sri S.P. Kesharwani, learned Additional Chief Standing Counsel for the State and Sri Mukesh Prasad, Advocate appearing for the respondent No. 2.

2. Counter affidavit and rejoinder affidavit have been exchanged between the parties and with the consent of learned counsel for the parties, the writ petition is being finally decided.

3. Brief facts of the case necessary to be noted for deciding the present writ petition are that writ petitioner No. 1 is a minority institution recognized by Board of Council for the Indian Schools Certificate Examination, New Delhi. The petitioner No. 2 is the Principal of the college. More than 3000 students are studying in institution from class I to class XII . The institution is situated at Mahatma Gandhi Marg in the city of Allahabad. Across the road in front of the institution a beer shop is running, whose location is being objected by the petitioners.

4. The State of U.P. in exercise of power under Section 40 of the U.P. Excise Act, 1910 has framed the rules namely; U.P. Number and