JUDGMENT Honble Yatindra Singh, J.—The main question involved in this case is whether or not the clubs serving liquor for price are covered by Section 277 of the Cantonment Act, 2006 (Act No. 41 of 2006) (the Act) (See Appendix-I), rule 325 of the U.P. Excise Manual (the Manual) (See Appendix-II), and Rule 2-A of the U.P. Number and Location of Excise Shop Rules, 1968 (the 1968 Rules) (See Appendix II). The facts 2. Prabhu Narain Union Club, Cantonment, Varanasi (the Club) is situate within the Cantonment area of the Cantonment Board, Varanasi (the Board). The Club was established in the year 1926 by His Excellency Maharaja of Banaras (Kashi Naresh). It is a society registered under the Societies Registration Act (for relevant part of its bye-laws and rules, see Appendix-III). 3. The total area of the club is 1.91 acres; it includes 0.61 acres for six lawn Tennis Courts. The club also provides facility of playing Badminton. It has air conditioned Gymnasium, Billiards room, Family room, Bridge room, Card room, and Board room. 4. The Club has a kitchen which serves tea, coffee, snacks and sweets to the members and their guests. There is facility for serving lunch and dinner too. 5. The Club also started a bar in the year 1991 and obtained a licence under U.P. Permit for Possession of Foreign Liquor by Club Rules, 1980 (The 1980 Rules) (For relevant part of the Rules and conditions of the licence, see Appendix-IV). This licence was renewed from time to time upto 31st March, 2006. 6. The Club filed an application on 21.2.2006 for renewal of its licence. The District Excise Officer, Varanasi (DEO) required the petitioner to obtain consent/ No Objection Certificate (NOC) from the Board under Rule 325 of the Manual (See Appendix-II). 7. The DEO again by his letter dated 12.2.2007 insisted for obtaining NOC of the Board in view of the Division Bench decision of this Court reported in Bhanu Jaiswal v. State of U.P., 2006 (4) ALJ 147 (the Bhanu-Jaiswal Case). 8. The Club filed an application before the Board for grant of the NOC. The Executive Officer of the Board informed the petitioner by letters dated 28.9.2006 and 6.10.2006 that the Board has passed a resolution No. 25 dated 16.05.2006 (the Resolution), not to grant NOC/ Approval/ Permission for liquor vend shops in the Cantonment Area. 9. 8. The Club filed an application before the Board for grant of the NOC. The Executive Officer of the Board informed the petitioner by letters dated 28.9.2006 and 6.10.2006 that the Board has passed a resolution No. 25 dated 16.05.2006 (the Resolution), not to grant NOC/ Approval/ Permission for liquor vend shops in the Cantonment Area. 9. The Board in its letters dated 28.9.2006 and 6.10.2006 merely referred to the Resolution but did not say that the Club is covered by Section 277 of the Act or is a shop or sub-shop within the meaning of Rule 325 of the Manual or Rule 2-A of the 1968 Rules. On the contrary, the Board wrote another letter dated 4.7.2007 that it is for the department to check whether licence is required for running a club or not. This stalemate went on, leaving the petitioner without a licence. Hence, the present writ petition. Points for determination 10. We have heard Sri Pankaj Bhatia, Counsel for the petitioner; Standing Counsel and Sri S.D. Dubey, for the respondents. Sri Bharat ji Agarwal and Sri Shambhoo Chopra have also filed their written submissions as the friend of the Court. The following points arise for the determination in this case : (i) Whether the Club is a shop or sub-shop within the meaning of Rule 325 of the Manual and Rule 2-A of the 1968 Rules? (ii) Whether the Bhanu-Jaiswal case is applicable to the Club? (iii) Whether the Club is covered by Section 277 (1)(j) of the Act and is required to take licence from the Board. (iv) In case the answer to the third point is in affirmative then, whether the Board is liable to grant NOC in view of Section 277 (2) of the Act? (v) Whether the Club is covered by the Resolution? (vi) In case the answer to the fifth point is in affirmative then, whether the Resolution is invalid as, (a) it does not fulfil the conditions mentioned in Section 277 (2) of the Act, (b) it does not achieve the object sought to be achieved—it does not bring about prohibition in the cantonment area, (c) it is discriminatory—it discriminate between Army canteen, Defence Service Officers Institute (DSOI) and Army Mess on the one hand and civilian clubs, shops on the other. POINTS 1 to 3 : CLUBS ARE NOT COVERED Submission of the Board 11. POINTS 1 to 3 : CLUBS ARE NOT COVERED Submission of the Board 11. The Counsel for the Board submits that : (i) The Club serves liquor for price; (ii) It is shop within the meaning of Rule 325 of the Manual as well as Rule 2-A of the 1968 Rules; (iii) It cannot run a bar without consent of the Officer commanding the station; (iv) It is vendor of spirituous liquors within the meaning of Section 277 (1) of the Act and it is required to take licence from the Board. 12. The U.P. Excise Act, 1910 (the Excise Act) was enacted to consolidate and amend the law relating to import, export, transport, manufacture, sale and possession of intoxicant liquor and intoxicating drug : these activities cannot be carried on unless requisite licence has been obtained under the Excise Act. Undoubtedly, the club cannot serve liquor unless it has the requisite licence under the Excise Act. 13. Rule 325 of the Manual and Rule 2-A of the 1968 Rules (see Appendix -II) apply to shops and sub-shops established under the Excise Act to sell intoxicant liquor and drugs. They empower the Collector to decide the number and location of shops and sub-shops, subject to the control of the State Government and the Excise Commissioner. Nevertheless they restrict the power of the Collector within the military cantonment : within this area, this power can be exercised only with the consent of the Officer commanding the station. 14. The Collector cannot set up shops or sub-shops unless the consent of Officer commanding the station is obtained. This was held in the Bhanu-Jaiswal case. Nevertheless, this case did not decide—whether a club is a shop or sub-shop within the meaning of these rules. This is what we have to decide in the present case. 15. Here, we will like to point out that the respondents themselves understood the law as there being no requirement for the clubs to obtain the consent of the Officer commanding the station or licence from the Board before they serve liquor : they never treated them as shops or sub-shops or vendors of spirituous liquor. This is clear from the following facts : Apart from Varanasi Cantonment, there are Clubs within the cantonment area at Agra, Kanpur Nagar, Lucknow and Meerut. No permission or NOC was ever required for such clubs prior to 2006-07. This is clear from the following facts : Apart from Varanasi Cantonment, there are Clubs within the cantonment area at Agra, Kanpur Nagar, Lucknow and Meerut. No permission or NOC was ever required for such clubs prior to 2006-07. For the year 2006-07, the permission/licence is being required only within the Varanasi Cantonment Board Area. It was not asked for any club situate within the area of any other Cantonment Board. The Board is also unwilling to commit itself on the point whether the Club requires the NOC or not--it wrote a letter dated 4.7.2007 stating that it is for the excise department to decide whether the club requires a licence or not. 16. This is strange attitude on the part of the respondents—leaving no option for the Club but to resort to the litigation (see Appendix-V for some digression on UNNECESSARY LITIGATION AND GOOD ADMINISTRATION). The question is—does the law require the clubs to obtain consent/licence. 17. It is correct that the respondents are not estopped from insisting for obtaining the consent or licence if the law so requires : the fact that it was not insisted earlier, or is not being insisted at present at other places, is irrelevant. 18. The executive may procrastinate; it may leave the matter undecided to avoid the blame. We cannot leave it undecided; this is our duty. It has been said, Judges do not have an easy job. They repeatedly do what the rest of us seek to avoid : make decisions. They carry out this function in public. (Judges by David Pannick). We have to take sides—the side that justice lies. 19. We must give reasons for the side that we take. In doing so, we must not spin a coin or consult an astrologer {Lord Diplock in [R v. Deputy Industrial Injuries Commissioner Ex parte Moore, (1965) 1 All E.R. 81, 94 : (1965) 1 QB 450, 488). Here are our reasons for holding that neither the consent of the Officer commanding the station nor the licence from the Board is necessary. But first, some words about nature of the clubs and in particular—the Club. The Club is Incorporated Members Club 20. Halsbury Laws of England , 4th edition, Volume 6, paragraph 201) explains, a club, ... Here are our reasons for holding that neither the consent of the Officer commanding the station nor the licence from the Board is necessary. But first, some words about nature of the clubs and in particular—the Club. The Club is Incorporated Members Club 20. Halsbury Laws of England , 4th edition, Volume 6, paragraph 201) explains, a club, ... may be defined as a society of persons associated together, not for the purposes of trade, but for social reasons, the promotion of politics, sport, art, science or literature, or for any other lawful purpose; but trading activities will not destroy the nature of a club if they are merely incidental to the clubs purposes. 21. Clubs, generally have a test of membership—usually acceptability by existing members, who vote on admission. They may exclude or blackball the candidates. 22. Clubs can be classified according to the purpose for which they are founded. They can be Social clubs, Specialised clubs, Womens clubs, Political clubs, Workingmens clubs, Shop clubs, School clubs, Professional clubs, Service clubs, Athletic and Sports clubs etc. 23. Legally, the clubs may be classified in two different ways : (i) Members club and Proprietary club; (ii) Incorporated Club and Unincorporated club. Members Club 24. A members club is an association of persons, who contribute towards the expenses of the association. The contribution is generally made by means of entrance fees or subscriptions, or both. It is not a partnership, because the members are not associated with a view of profit. The management of the club and its property is in the hands of the members. The business of the club is either conducted by them jointly in the general meeting or, as is usually the case, delegated to the committees in accordance with the rules. Proprietary Club 25. A proprietary club is of different nature from a members club. In the proprietary club, the property and funds of the club belong to the proprietor, who usually conducts it with a view to profit. The members pay entrance fees and subscriptions to the proprietor and in consideration thereof are entitled to use the premises and property; they also exercise such other rights and privileges, as are envisaged in the contract between them and the proprietor. The members pay entrance fees and subscriptions to the proprietor and in consideration thereof are entitled to use the premises and property; they also exercise such other rights and privileges, as are envisaged in the contract between them and the proprietor. The management of a proprietary club may be given wholly or in part to a committee of the members over which the proprietor will usually have ultimate control. Incorporated and Unincorporated Clubs 26. The other way to classify the clubs is as incorporated and unincorporated clubs. Members club or proprietary club could be either of them. 27. The word incorporated means a legal person, a legal entity; it includes a corporation, a registered company, a society registered under the Societies Registration Act. However a partnership firm is not included : it is not a legal entity. 28. The Club is registered as a society under the Societies Registration Act : it is incorporated. 29. The relevant part of the Clubs bye-laws and rules are appended as Appendix-III. They show that the purpose of the Club is to provide academic, social, and sports facility. 30. The bye-laws and rules of the Club also show that : Money generated by the Club from different sources has to be utilised for the purpose of the Club; No part of the same can be directly or indirectly transferred to its members. The members do not earn profit from its activities; there is no proprietor in the sense that any proprietary club has. The Club is not doing business or trade—it is not a proprietary club. The Club is incorporated members club. The Club is not a Shop or Sub-shop 31. The Club provides different facilities to its members which include out-door as well as in-door sports activities; it serves food and beverages. Liquor is also served; it is a facility provided to the members and their guests. 32. The Club is incorporated members club. Such clubs are not liable for income tax on the ground of mutuality {See Commissioner of Income Tax v. Bankipur Club Ltd., 1997 ITR 97 and Chelnsford Club v. Commissioner of Income Tax Delhi, (2000) 3 SCC 214 ]. They are not trading or doing business. 33. Incorporated members clubs serve food, beverages, liquor etc. for a price. Such clubs are not liable for income tax on the ground of mutuality {See Commissioner of Income Tax v. Bankipur Club Ltd., 1997 ITR 97 and Chelnsford Club v. Commissioner of Income Tax Delhi, (2000) 3 SCC 214 ]. They are not trading or doing business. 33. Incorporated members clubs serve food, beverages, liquor etc. for a price. This was never treated to be sale and no sales tax was leviable [See Joint Commercial Tax Officer Harbour Division, II Madras v. Young Mens Indian Association Madras, 1970 (1) SCC 462 ]. However, this is no longer the law due to addition of sub-article (29-A) in Article 366 of the Constitution by 46th Amendment Act, 1982. This sub-article explains tax on the sale or purchase of the goods to include such supply of goods to its members. This kind of facility may now be sale for the purposes of the sales or trade tax however this does not mean that such clubs are doing trade or business of selling liquor or are vendors of spirituous liquor or are shops or sub-shops selling liquor. 34. Rule 2 of the 1980 Rules (See Appendix-IV) stipulates that liquor is for consumption of members and their bona fide guests in the premises of the Club only. This is also mentioned as special conditions in form FL 7-C (See Appendix-IV) under which licence is granted to the Club i.e. to say the liquor cannot be taken by the members to their residence or to any other place : they have to consume it in the premises of the Club only. There is no such condition for the shops and sub-shops. 35. There is difference between shops, sub-shops on the one hand and the clubs on the other : The basic purpose of the shop or sub-shop is to do trade or business in liquor but this is not the case in the Club : it is not doing business or trade of selling liquor (see paragraph 20 and 30 of the judgement. In the shops or sub-shops, one purchases liquor and has right to take it to their residence or anywhere else. This is not permissible so far as the Club is concerned : the liquor has to be consumed in the premises of the Club. (See paragraph 34 of the judgement). In the shops or sub-shops, one purchases liquor and has right to take it to their residence or anywhere else. This is not permissible so far as the Club is concerned : the liquor has to be consumed in the premises of the Club. (See paragraph 34 of the judgement). The shops sell liquor in bottles but the clubs never serve or sell liquor in bottles but serve it as pegs for which price is charged. In some shops (known as model shops), liquor can be consumed there but in these model shops too one can purchase liquor in bottles and can carry them to any other place. Their basic purpose is to sell and earn profit out of it. They trade or do business of selling liquor. They earn their livelihood by it. On the contrary, the members clubs are not formed to earn profit. The purpose of the Club is not to sell liquor; it is mentioned in the objects of the Club : it is to provide academic, social and sports facilities (see paragraph 29 of the judgement). The Club is not a shop or sub-shop; it is not a place where trading or business is done. 36. The Bhanu-Jaiswal case was not case of a members club but was a case of a shop. It was covered by Rule 325 of the Manual as well as Rule 2-A of the 1968 Rules. The present case is of an incorporated members club; the facts of this case are different : it is not covered by the Bhanu-Jaiswal case. Section 277 of the Act - Not Applicable 37. Section 277 of the Act (See Appendix-I) mandates obtaining a licence from the Board for certain occupations. Section 277(1) enumerates classes of occupations which require a licence. It includes occupations specifically mentioned as well as such other trade, calling or occupation as the Central Government may notify. The Counsel for the Board submitted that : Sub section 227(1) (j) includes vendors of spirituous liquor; and The Club is covered by it. 38. A reading of Section 277 of the Act indicates that this section is applicable where some trade or business in respect of classes mentioned in the section is being carried out. The Counsel for the Board submitted that : Sub section 227(1) (j) includes vendors of spirituous liquor; and The Club is covered by it. 38. A reading of Section 277 of the Act indicates that this section is applicable where some trade or business in respect of classes mentioned in the section is being carried out. Club as a class is neither a occupation nor it is mentioned in Section 277 of the Act; incorporated members clubs neither trade nor do business of any class mentioned in Section 277 of the Act : they are not required to take licence under the Act. 39. The Club is not doing any business or trade of selling spirituous liquor. It is an incorporated members club for social academic, and sport activities; it merely serves liquor as a facility or amenity; it is an incidental activity. The fact that money is charged for serving liquor does not mean that the Club is doing business or trade. It is not a vendor of spirituous liquor. POINTS IV TO VI : NOT DECIDED 40. In view of our decision on the first three points, it is not necessary to decide the remaining points. A clarification 41. The club is incorporated members club. It is not a proprietary club. We have considered the law only for such clubs. In case this question arises for any other kind of club then that question may be decided on its own merits. Conclusions 42. Our conclusions are as follows : (a) Parbhu Narain Union Club, cantonment, Varanasi is incorporated members club having its purpose as providing academic, social and sports activities. It is not doing any trade, business, calling or occupation; (b) Incorporated members clubs are not covered by the Rule 325 of the U.P. Excise Manual or Rule 2-A of the U.P. Number and Location of Excise Shop Rules, 1968 or Section 277 (1) of the Cantonments Act, 2006; (c) The Bhanu-Jaiswal case is applicable to shops and sub-shops; it is not applicable to the incorporated members clubs; (d) While considering grant of licence to serve liquor in the members club neither the Collector nor such clubs are required to take consent of the Officer commanding the station; (e) The incorporated members clubs are also not required to obtain any permission/license/no objection certificate from the Cantonment Board before serving liquor to its members and their guests. ORDER 43. ORDER 43. In view of our conclusions, the writ petition is allowed. The District Excise Officer may consider grant of licence to the petitioner without insisting consent of the Officer commanding the station or a no objection certificate/license from the Cantonment Board. Petition Allowed. Endnotes : We are thankful to the Counsel for the parties for correcting part of our judgement (under heading the THE FACTS, POINTS FOR DETERMINATION, part of sub-heading The Club is Incorporated Members Club and the Appendices I to IV). However the mistakes, if any, are ours. Appendix -I (The relevant part of the Cantonment Act 2006 is as follows) The Cantonments Act, 2006 277. However the mistakes, if any, are ours. Appendix -I (The relevant part of the Cantonment Act 2006 is as follows) The Cantonments Act, 2006 277. Licences required for carrying on of certain occupations.—(1) No person of any of the following classes, namely : (a) butchers and vendors of poultry, game or fish; (b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been slaughtered within or without cantonment; (c) persons keeping milch cattle or milch goats for profit; (d) persons keeping for profit any animals other than pigs, milch cattle or milch goats; (e) dairymen, buttermen and makers and vendors of ghee; (f) makers of bread, biscuits or cake and vendors of bread, biscuits or cake made within or without cantonment; (g) vendors of fruits or vegetables; (h) manufacturers of aerated or other potable waters or ice or ice-cream, and vendors of the same; (i) vendors of any medicines, drugs or articles of food or drink for human consumption (other than the flesh of pigs, milk, butter, bread, biscuits, cake, fruit, vegetables, aerated or other potable waters or ice or ice-cream) which are of a perishable nature; (j) vendors of spirituous liquor; (k) vendors of water to be used for drinking purposes; (l) washermen; (m) dealers in hay, straw, wood, charcoal or other inflammable material; (n) dealers in fire-works, kerosene oil, petroleum or any other inflammable oil or spirit; (o) tanners and dyers; (p) persons carrying on any trade or occupation from which offensive or unwholesome smells arise; (q) vendors of wheat, rice and other grain or of flour; (r) makers and vendors of sugar or sweetmeats; (s) barbers and keepers of shaving saloons; (t) any other person carrying on such other trade, calling or occupation as the Central Government may, by notification in the official Gazette, specify in this behalf, shall carry on his trade, calling or occupation in any part of a cantonment unless he has applied for and obtained a licence in this behalf from the Board. A licence granted under sub-section (1) shall be valid until the end of the year in which it is issued and the grant of such licence shall not be withheld by the Board unless it has reason to believe that the business which it is intended to establish or maintain would be offensive or dangerous to the public or that the premises in which the business is intended to be established or maintained are unfit or unsuitable for the purpose. Appendix- II (Relevant part of Rule 325 of the Manual and Rule 2-A of the 1968 Rules are as follows Rule 325 of the U.P. Excise Manual 325. Determination of the distribution and location of shops.—Subject to the control of the State Government and of the Excise Commissioner and to the limitations expressed in these rules, the distribution and general location of retail shops shall be determined by the Collector provided that in military cantonments the Collector shall exercise this power only with the consent of the Officer Commanding the station. U.P. NUMBER AND LOCATION OF EXCISE SHOP RULES, 1968 ... 2-A. Determination of the distribution and location of shops and sub-shops.—Subject to the control of the State Government and of the Excise Commissioner and to the limitations expressed in these rules, the distribution and general location of shops and sub-shops shall be determined by the Collector provided that in military cantonments the Collector shall exercise this power only with the consent of the Officer commanding the station. Appendix-III (Relevant part of the bye-laws and Rules of the society of the clubs are as follows) ÁHkwukjk;.k ;wfu;u Dyc dS.V] okjk.klh lkslk;Vh iathdj.k vf/kfu;e&21 lu~ 1960 ds v/khu Dyc dk Le`fr&i= 4& /;s; ,oa mn~ns; Dyc dk /;s; ,oa mn~ns; vius lnL;ksa dks lkfgfR;d] lkekftd ,oa ØhMk [ksy lEcU/kh lqfo/kk,a rFkk ,slh vU; lq[k&lqfo/kk,a Hkh tks mijksDr mn~ns;ksa dh iwfrZ esa lgk;d gks] iznku djuk gksxkA 6& lEHkkfor ek/;eksa ls vftZr Dyc dh vk; ,oa lEifÙk laLFkk ds Le`fr&i= esa crk;sa x;s mn~ns;ksa dh iwfrZ gsrq dke esa yk;h tk;s vkSj budk dksbZ Hkh fgLlk Hkkx Dyc ds lnL;ksa vFkok lnL; dks izR;{k vFkok vizR;{k :i ls Hkkx ;k ykHkkak vFkok ykHk ds :i esa vnk vFkok LFkkukUrfjr ugha fd;k tk;sxkA fu;e 24&Dyc lEifÙk ds fy, foks"k izko/kku& Dyc dh vapy lEifÙk ds gLrkUrj.k dk vf/kdkj dk;Zdkfj.kh ds fdlh inkf/kdkjh dks ugha gksxkA bl gsrq fu.kZ; iw.kZ vke lHkk esa nks frgkbZ cgqer ls ikfjr izLrko vko;d gksxkA py lEifÙk ds j[k&j[kko] Ø;&foØ; rFkk fou"V djus gsrq fu.kZ; dk;Zdkfj.kh djsxhA la?k ds lekiu dk Lo:i pwafd ;g Dyc iwoZ dkkh ujsk dh nus gS] vr% Dyc ds lekiu dh fLFkfr esa vkus ij iwoZ dkkhjkt ds rRdkyhu eqf[k;k ls ijkekZ ds ckn gh Dyc ds lekiu dh dk;Zokgh mlds fufeÙk cqyk;h x;hA lk/kkj.k lHkk dh cSBd esa gksxh vkSj bldh py vFkok vpy lEifÙk Dyc ds ?kksf"kr leku mn~ns;ksa ds fy, dk;Z djus okyh laLFkk dks lefiZr dh tk ldrh gSA Qhl vkfn lEcU/kh Dyc ds ekuo fu;e& 1- Dyc ds jk"Vªh; ioksZ x.kra= ,oa Lora=rk fnol rFkk Dyc fnol ij vfuok;Z :i ls jkf= ;k e/;kUg Hkkst dk vk;kstu gksxkA bldk kqYd gkfu ds fcuk lcls vfuok;Z :i ls olwyk tk;sxkA 2- Dyc ds lnL;ksa ls ekfld kqYd] VsyhQksu kqYd ,oa vU; kqYd tks dk;Zdkfj.kh le;≤ ij fu/kkZfjr dj fy;k tk;sxkA 3- Dyc esa vk;ksftr gksus okys [ksyksa&tSls cSMfe.Vu] Vsful] fcfy;MZ rFkk vU; [ksy tks izkjEHk gks] lcdh ewy lqfo/kk,a tSls Vsful yku dk j[k j[kko Dyc vius lk/ku ls tqVk;sxkA bu [ksyksa gsrq lnL;ksa ls mruk gh kqYd fy;k tk ldsxk] tks buds nSfud [kpksZa dks iwjk djus tSls Vsful xsan dh [kjhn vkfn gsrq i;kZIr gksA dk;Zdkfj.kh bldh leh{kk dj kqYd fu/kkZfjr djsxhA 4- Dyc esa vkus okys i= if=dkvksa dks Dyc vius [kpZ ls eaxk;sxk] ijUrq bUgsa ?kj ys tkus dh vuqefr ugha gSA 5- Dyc esa LFkkuh; vfrfFk ugha yk;s tk;sxasA 6- ckgjh vfrfFk;ksa dks Dyc esa yk;k tk ldsxk] ijUrq mUgsa ekg esa ikap dk;Z fnolksa ds vfrfjDr ugha yk;k tk ldsxkA vfrfFk kqYd dk;Zdkfj.kh fu/kkZfjr djsxhA 7- Dyc ds ckj dk miHkksx dsoy Dyc ds lnL; djsxsaA 8- foks"k voljksa ;k Dyc lekjksgksa esa tSls&esyk] laxhr] lekjksgksa ;k dfo lEesyu vkfn tSls&lkfgfRd ;k lkaLd`frd lekjksgksa esa LFkkuh; vfrfFk;ksa dks ykus dh vuqefr nh tk ldsxhA bl gsrq lfpo dk;Zdkfj.kh esa fopkj foekZ ds ckn vfrfFk;ksa ls fy, tkus okys kqYd vkfn fu/kkZfjr djsxsaA 9- kqYd vkSj ns;ksa dh Hkqxrku dh ftEesnkjh lnL;ksa ij gksxh] ijUrq fdlh lnL; ij rhu ekg ls kqYd vkfn cdk;k jgus ij Dyc dk;kZy; lnL; dks fcy HkstsxkA 10- Dyc ds kqYdksa vkfn dk fu/kkZfj.k le;≤ ij iqujh{k.k ds mijkUr dk;Zdkfj.kh }kjk fd;k tk;sxk] ijUrq bl fu/kkZj.k ds le; ;g /;ku esa j[kk tk;sxk fd Dyc dksbZ ykHk dekus okyh laLFkk ugha gSaA 11- Dyc ds ifjlj esa dksbZ ,slk dk;Z ugha gksxk] ftlls fd blds i;kZoj.k ij cqjk vlj iM+sA bl gjk&Hkjk vkSj iznw"k.k ls eqDr j[kus dk gj lEHko iz;kl fd;k tk;sxkA Appendix-IV (Relevant part of 1980 Rules as well as special condition of FL 7-C (the licence granted to the club) are as follows) U.P. PERMIT FOR POSSESSION OF FOREIGN LIQUOR BY CLUB RULES, 1980 ... 2. Grant of permit.—The Collector, with the previous approval of the Excise Commissioner, may grant a permit in accordance with the provisions of sub-sections (a), (b) and (c) of section 31 of the said Act, to a club registered under the Indian Companies Act, 1956 or UP Cooperative Societies Act, 1965 or Societies Registration Act, 1860 to possess foreign liquor in excess of the limit of possession laid down in Section 20 of the said Act for the purpose of supplying/serving to its members including their bona fide guests for consumption "on" the premises of the club only. PERMIT FOR POSSESSION OF FOREIGN LIQUOR BY CLUBS. ... SPECIAL CONDITIONS 1. Foreign liquor shall be supplied/served by an approved person to the members of the club, including their bona fide guests, within the premises detailed above and the same shall be consumed "ON" such premises only. ... 7. The permit-holder shall not allow the foreign liquor supplied/served by him to be consumed "OFF" the premises detailed above. 8. The permit-holder shall prevent drunkenness on the premises detailed above. ... 11. The permit holder shall be bound to observe all rules incorporated from time to time in the Excise Manual Volume I. Appendix-V UNNECESSARY LITIGATION AND GOOD ADMINISTRATION Unnecessary Litigation (i) Generally it is for the legislature to enact, the executive to act, and the judiciary to decide the validity of the enactment or action. Normally the executive is required to act, redress the grievances, and inform about the action taken. This has to be done if there is statutory duty to do so. Nevertheless the executive is here to listen to public grievances and redress them. If the grievances are raised then—even if it is not statutory—the executive is under public duty to take action if it is so required. Even if no action is to be taken, the complainant has to be informed : sending this information is sufficient action. At least the person comes to know the stand of the executive. However, generally the complaints to the executive—statutory or non-statutory—go unheeded. (ii) There is some litigation in this Court for directing the Executive to look into grievances raised. Only a survey can say if it is an understatement; we have mentioned it to emphasise the difficulty faced by the public at large. However, generally the complaints to the executive—statutory or non-statutory—go unheeded. (ii) There is some litigation in this Court for directing the Executive to look into grievances raised. Only a survey can say if it is an understatement; we have mentioned it to emphasise the difficulty faced by the public at large. Often the Courts also relegate the parties, to the level, where the complaints are to be addressed at the first place. (iii) There is a view that the writ will lie only if the representation is statutory one : the mandamus is only for the performance of statutory duty. There is another view that if grievance is raised then it is public duty to reply and the mandamus lies. In any case writ jurisdiction should not be confined to the technical limitations. In lighter vein, this is often referred to as Representation Litigation. This kind of litigation has another offshoot—contempt applications to decide the representations. (iv) Such litigation is unnecessary. (v) Justice Michal Kirby observed (On the writing of judgements; The Australian Law Journal (Volume 64) page 641), The pressure upon the modern judges—at first instance and on appeal—is, in most instance much greater than it was in case of their forebears. And we have one of the lowest number of judges per million of population in the world. And many of our vacancies are not filled up. We are at present working at much less than our sanctioned strength. The pressure is even more. (vi) The Court management and good administration are more relevant today than ever. This unnecessary litigation, mentioned in the previous paragraphs, and other litigation can be avoided with some modification in practice and in attitude : sending replies to the grievances will reduce it. The expenses can be easily avoided if the complainant is required to submit duly stamped self addressed envelop alongwith the complaint for sending reply. (vi) The executive may also be given training on good administration before they are posted to the key posts. Good Administration (vii) Many writ petitions are entertained because of mal-administration; and many others can be easily avoided with some effort. There are few fundamentals of good administration. (a) Decision may be taken only after affording opportunity to the concerned parties. (b) If controversy is similar or affects many persons then all claims may be considered together rather than separately. Good Administration (vii) Many writ petitions are entertained because of mal-administration; and many others can be easily avoided with some effort. There are few fundamentals of good administration. (a) Decision may be taken only after affording opportunity to the concerned parties. (b) If controversy is similar or affects many persons then all claims may be considered together rather than separately. (c) The officer passing the order should have authority to pass the order. (d) There should be reasons for taking the decision : it restricts arbitrariness. (e) Decision should be taken within reasonable time and communicated to the party concerned. (viii) It is not only important that previously mentioned points are practised but they should appear in the reply. Many times, these points are followed—yet, the order does not indicate it. The writ petitions are entertained as ex parte motions and the Court only has the order that does not indicate it. For various reasons, the State machinery is too slow in getting instructions. The result is that a writ petition is entertained where it should be dismissed. (ix) The good administration requires that every order should indicate at least the following things : (a) How effected parties were afforded opportunity? (b) The source of power (details of Sections or rules or regulations if it is taken under any such provision). (c) Brief reasons for taking the decision. In case only brief reasons are given and there are detailed reasons elsewhere then it may also be indicated in the order that they can be provided on request on payment of reasonable fee. (d) The details of statutory remedy, if any, available against the decision. ————