ST SOLDIER PUBLIC SCHOOL Vs. STATE

JUDGEMENT

(1.) THE facts giving rise to this writ petition are as under - -The respondent No. 4 is a restaurant at Bhagwan Das Road, Jaipur. The said respondent applied for grant of licence for serving of beer (beer bar licence) to the customers for consumption in the restaurant. Licence dated 26.9.95 (Annex. 7) was granted by the Excise Commissioner, Rajasthan, Jaipur (respondent No. 2) to the respondent No. 4. Saint Soldier Public School, the petitioner herein, has filed this writ petition with the allegations that the petitioner is a Senior Higher Secondary School and that in the vacinity there are Saint Xavier's Senior Higher Secondary School, Saint Annes Public School, Mahavir Digamber Senior Higher Secondary School, Merry Lands School, Rajdhani Hospital and a hostel for boarding of destitute students and that the licence (Annex. 7) should not have been granted to the respondent No. 4 and it has been prayed that the licence issued to the respondent No. 4 be quashed and respondents No. 1 to 3 be restrained from issuing any beer bar licence to the respondent No. 4 at the place in question. The writ petition has been opposed by the respondents.

(2.) I have heard the learned Counsel for the parties and have also perused the record of the case.

(3.) RULE 75 of the Rules, as amended vide GSR 51 and mentioned in the notification No. F. 1(16)FD/EX/91 dated 27.2.1992, reads as under: 75. Location of shops: