9911796707
TMI Blog2013 (6) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the Commissioner Excise, U.P. in Appeal No.72 of 2012 by which he has suspended the above licence and has refused to record/substitute the name of the petitioner in place of his deceased mother in the liquor licence unless a succession certificate is produced and the interim order dated 28.3.2013 passed by the Special Secretary/Prescribed Authority in revision No: 11 (Revision)/ 2013 arising there from. The admitted facts are that one Bhagwan Verma was holding a bar license. He expired on 10.3.1996. The mother of the petitioner and respondent No.5, Smt. Sumitra Devi widow of Bhagwan Verma was thereupon held entitle to the said license in FL-6 w.e.f. 4.5.1996 to vend foreign liquor in Taj Mahal Hotel and Bar, Allahabad. It was renew ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icence was assailed by means of Writ Tax No.1362 of 2010. The aforesaid writ petition was decided on 7.2.2011 and the revisional order dated 13.9.2010 was upheld holding that petitioner being an heir of Smt. Sumitra Devi has a right to be substituted in licence but it is dependent upon his otherwise being eligible for grant of licence and accordingly the matter was remanded to the District Excise Officer on the limited point. In pursuance to the above direction, the District Excise Officer vide order dated 19.4.2011 allowed the petitioner's application for adding his name. The Writ Petition No.618 of 2011 filed by respondent No.5 against the aforesaid order was dismissed on the ground of alternate remedy whereupon an appeal No.88 of 2011 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the license to remain operative in the name of respondent no. 5 during pendency of the revision is also being questioned. The controversy as to the entitlement of the petitioner to have his name included in the license on the death of Smt. Sumitra Devi as a heir was settled by this Court vide judgment and order dated 10.2.2011 passed in writ petition no. 1362 of 2010 (Kamlesh Kumar Singh Vs. State of U.P. and others). The Court upholding the view taken by the revisional authority on 13.0.2010 held that on the death of mother, respondent no. 5 would continue to hold the license till it subsists and that the heirs and legal representatives of the deceased mother are to be brought on record but their eligibility as a co-licensee has to be con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion certificate but directed for suspension of the license in the meantime. The licensee is continuing since 1996-97. The name of respondent no. 5 was included in the said license as a co-licensee with Smt. Sumitra Devi in the year 2007 to which the petitioner has consented. Therefore, on the death of Smt. Sumitra Devi till the right of the petitioner to be included as a co-licensee as directed by this Court vide order dated 10.2.2011 are decided finally, interest of justice demands that the license should be continued to be operated by respondent no. 5. It is to be kept in mind that the petitioner at the time of inclusion of the name of the petitioner as co-licensee has submitted an affidavit stating that he has no concern with the busin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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