JUDGMENT Vishnudeo Narayan, J. 1. In the PIL the petitioner has prayed for issuance of an appropriate writ for closure of the country liquor godown (warehouse situated at Bekarbandh, Polytechnic Area Terminal, Dhanbad) or its shifting to a place outside the residential locality of the city of Dhanbad. 2. The case of the petitioner is that respondent No. 2 has granted licence in favour of respondent No. 3 for running a country liquor godown (warehouse) in the Biscomann Bhawan, Bekarbandh, Polytechnic Road, Dhanbad and said country liquor godown is running there and the said locality is absolutely a residential locality which has an adverse effect on moral and physical health of the society as there are prestigious girls school (carnel School), Damien Social Welfarem Centre, educational institution like Polytechnic Institute, ITI Mining School etc. in the very close proximity of the said warehouse. There are also Circuit House, District Dak Bungalow, PWD and PHED Dak Bungalow where the said warehouse is functioning and there is also residential areas in the close vicinity of the said warehouse besides a temple. 3. Respondent Nos. 2 and 3 in their respective counter-affidavits have stated that respondent No. 3 is a licensee of country liquor warehouse aforesaid situated at Bekarbandh, Polytechnic Road, Dhanbad and the said licence is effective from 1.4.1999 to 31.3.2002 for wholesale country liquor sachet/bottles and the said licence is to be renewed every year. It is alleged that earlier the said warehouse was operational near the Head Post Office, Hirapur, Dhanbad where storage of rectified spirit and manufacture of country liquor was made and thereafter it was shifted to the Biscomann Godown at Bekarbandh, Dhanbad with the approval of the appropriate authorities after due enquiry regarding the suitability of the place and in accordance with rules. It is stated that there is no temple, mosque, educational institutions or any public place within the radius of 50 meters from the warehouse rather all the aforesaid institutions are situated at the distance of more than 100 meters. 4. It is stated that there is no temple, mosque, educational institutions or any public place within the radius of 50 meters from the warehouse rather all the aforesaid institutions are situated at the distance of more than 100 meters. 4. Vide order dated 9.1.2001 read with order dated 9.2.2001 this Court constituted a joint team of two advocates, namely, Sri Brajendra Krishna Prasad and Sri Sisir Kumar Ghosal to survey and inspect the area and to draw a plan and to report as to whether the location of the country liquor warehouse in question has in their opinion, any potential of creating nuisance for the residents/inhabitants of the neighbouring areas being educational institutions or the residential premises and whether it is desirable in the public interest to shift the same to some other place. The joint team of the advocates had submitted the report, as called for, and the said report is very factual which clearly indicates that the said warehouse is located in the place surrounded by residential areas, Government buildings, schools, temple and several other institutions including a prestigious girls Carmel School. The pith and substance of the report has been drawn in para 19 of the report which is quoted below : "Undoubtedly. Biscomann Bhawan where warehouse is located is situated in the midst of thickly populated residential and commercial areas. People assembled there have testified that there is huge noise when the Generator of the Warehouse is started and remains in operation for manufacture of pouches of country liquor. They have also stated that due to use of Generator and use of chemicals in manufacturing process causes Environmental pollution both of the noise pollution and obnoxious air pollution. At the time of inspection production was not in operation but a stinking and obnoxious smell was in the air." The joint team in para 21 of the report has observed that : "In our considered opinion, continuation of the Warehouse in Biscomann Bhawan has potential of causing nuisance to the inhabitants and it is desirable in the public interest to shift the same to some other place to avoid public nuisance." 5. Heard learned counsel for the parties. 6. Heard learned counsel for the parties. 6. Learned counsel for the petitioner has submitted that the report of the joint team is very factual and elucidating and it emerges from the report aforesaid that the continuation of the warehouse in Biscomann Bhawan has potential causing nuisance to the inhabitants and it is desirable in the public interest to shift the same to some other place to avoid nuisance. 7. Mr. A.K. Sinha, learned senior counsel for respondent No. 3 has submitted that the licence in favour of respondent No. 3 was valid upto 31.3.2002 and there is no informa tion as to whether the said licence has again been renewed or not. It has also been sub mitted that in view of the report of the joint team of the advocates necessary orders may be passed in this case. 8. It is an admitted fact that licence No. 03/99-2000 was granted in favour of respondent No. 3 for the wholesale of country made liquor in Biscomann Godown situated at Bekarbandh, Polytechnic Road, Dhanbad in sachet/bottles in terms of Sections 13 and 20 of Bihar Excise Act, 1915 with effect from 1.4.1999 to 31.3.2002 on the terms and conditions incorporated therein with a renewal clause. 9. It is relevant to mention here Rule 44 of the Bihar Excise Rules framed by the Board as per Section 90 of the said Bihar Excise Act which reads as under : "44. Warehouses for the supply of country spirit to retail vendors may be established by the Commissioner at convenient places at the expense of Government. In Special circumstances, such warehouses may be constructed by a wholesale supply contractor or licensed vendor. Each such warehouse shall be supplied with country spirit by the manufacturer or wholesale dealer within whose area of supply such warehouse lies and shall be in charge of an Excise Officer. The Commissioner is authorised to allow spirit to be received into the warehouse from other sources than these above-named, if necessary. The licensee shall provide suitable quarters for the officer and guards in charge of the warehouse close to the warehouse building or in lieu thereof, pay for each of them monthly in advance such house allowance as may be fixed by the Commissioner of Excise. The licensee shall provide suitable quarters for the officer and guards in charge of the warehouse close to the warehouse building or in lieu thereof, pay for each of them monthly in advance such house allowance as may be fixed by the Commissioner of Excise. Provided thai in case of a transfer the transferred officer shall refund to the licensee the proportionate rent for the unexpired portion of the month; Should an officer, however, be in joint charge of more than one warehouse, he shall be entitled to a house allowance at this headquarters station only, if suitable quarters have not been provided there, and to a suitable allowance for a rest shed at the place where the other warehouse is. If any portion of the rent received by him from the licensee as house allowance or rest shed allowance is not actually spent on house rent or rest shed rent then it shall be refunded to the licensee under, a proper receipt." The words appearing in Rule 44 (supra) are "at convenient places". However, the words "at convenient places" for location of the warehouse has not been defined, explained, detailed or any way elucidated in the Rules framed by the Board under Section 90 of the Act. In this connection it is necessary to take recourse and refer Rule 47 framed under Section 89 of the Bihar Excise Act, 1915 by the Lieutenant-Governor-in-Council which runs hereunder : "47. (1) No new shop shall be licensed for the consumption of liquor on the vendors premises- (a) in a market-place, or (b) at the entrance to a market-place, or (c) within a distance of 150 yards of a bathing ghat, school, hospital, place of worship, factory, petrol pump, railway station, railway yard, bus- station, Harijan or Labour Colony or other places of public resort or any other place considered necessary. (d) in the congested portion of a village. (2) So far as practicable an established liquor shop licensed for the consumption of liquor on the premises should not be allowed to remain on a site which would not, under clause (1) of this rule, be permissible for the location of a new shop. (d) in the congested portion of a village. (2) So far as practicable an established liquor shop licensed for the consumption of liquor on the premises should not be allowed to remain on a site which would not, under clause (1) of this rule, be permissible for the location of a new shop. (3) In areas inhabited by aboriginal tribes, country spirit shops shall not be licensed to be placed immediately on the side of a main road or in any other prominent position that may place temptation in the way of the aborigines : Provided that the restriction imposed by this sub-rule shall not apply to foreign liquors licences granted to hotels and restaurants for consumption on the premises." In Rule 47 (supra), places have been earmarked where liquor shop shall not be located whereas Rule 44 framed by the Board does not define convenient places" for the establishment of a country made liquor warehouse. In this view of the matter Rule 47 framed under Section 89 of the said Act may be taken into consideration for ascertaining the "convenient places" for the establishment of country made liquor warehouse. The report of the joint team of the advocates does suggest that the warehouse in question is in a congested locality of the town surrounded by residential houses, girls school, several Government buildings and several other institutions including several shops. In view of the objective finding in the report of the joint team of the advocates referred to above and the parameters laid down in Rule 47 (supra) it can definitely be said that the warehouse in question is definitely not located at convenient place rather it has the potential of causing nuisance to the inhabitants and it is desirable in the public interest to shift the same to some other place to avoid public nuisance. 10. Viewed thus, it is hereby observed and directed that in the event of licence (which has already expired on 1.4.2002) being renewed for any further period in favour of respondent No. 3 for manufacturing of the country made liquor and its bottling, respondent Nos. 1 and 2 shall ensure that said warehouse is shifted from Bekarbandh, Polytechnic Road, Dhanbad to some other convenient place at the vicinity/outskirt of the town of Dhanbad. 11. With the aforesaid observation and direction this PIL is hereby disposed of. No order as to costs. 12. 1 and 2 shall ensure that said warehouse is shifted from Bekarbandh, Polytechnic Road, Dhanbad to some other convenient place at the vicinity/outskirt of the town of Dhanbad. 11. With the aforesaid observation and direction this PIL is hereby disposed of. No order as to costs. 12. As this order was pronounced, Mr. R.S. Mazumdar, learned counsel appearing for the petitioner, has stated before us that as per his clients information, the respondent No. 3 is continuing to function in the Warehouse in question at the same location. 13. Whether the licence of respondent No. 3 has been renewed after 1.4.2002 or he is operating the Warehouse without the renewal of the licence, we direct that the Warehouse in question shall cease to function from the present location immediately and forthwith. We direct the District Magistrate and the Superintendent of Police, Dhanbad. to ensure that this order is complied with in all respects.