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TMI Blog2013 (6) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the 1968 rules. In case they are eligible they shall be co-licensee with the petitioner in the place of their deceased mother and shall be governed by the 1968 Rules, in case they claim status of partner for the term of the license. Therefore, when the impugned order has actually ordered substitution/mutation of the heirs and legal representatives of the deceased licensee Smt. Sumitra Devi it has not committed an error. However, a co-licensee has to be eligible and his eligibility ought to have been ascertained before passing such an order. The name of respondent no. 2 [Rajesh Kumar Singh] has already been directed to be made in the license. The authority is therefore required to consider whether he was an eligible person to be made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t before appreciating the same it would be necessary to bring out the provisions which are sought to be made applicable in the facts and circumstances of the present case. The U.P. Licensing Under the Surcharge Fees System Rules 1968 have provided for general principles for selection of licensee and also for partnership in shops where license is granted. A perusal of these rules indicate that a licensee can bring in a partner provided the person is eligible and not ineligible under these rules. In a counter affidavit filed by the State a further situation has been stated under the Government Order No. 2739 E-2/13-513/75 dated 19.7.1988 wherein when a licensee of FL-6 and FL-7 dies mutation has been contemplated of his heirs and legal re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter the proceedings have started. Under the order dated 29.1.2007 the Assistant Excise Commissioner (License) included Kamlesh Kumar Singh the petitioner as partner with his mother. After the death of the mother the respondent no. 2 feeling aggrieved with Kamlesh Kumar Singh continuing as sole licensee preferred an appeal under Section 11 (1) of the U.P. Excise Act 1910 before the Additional Excise Commissioner (Administration) being appeal no. 68 of 2009 which was dismissed on the ground that the appeal is not maintainable before the Additional Excise Commissioner (Administration) against an order passed by the Assistant Excise Commissioner (License). The respondent no. 2 appears to have preferred a Revision No. 17 of 2010 before the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be considered under the 1968 rules. In case they are eligible they shall be co-licensee with the petitioner in the place of their deceased mother and shall be governed by the 1968 Rules, in case they claim status of partner for the term of the license. Therefore, when the impugned order has actually ordered substitution/mutation of the heirs and legal representatives of the deceased licensee Smt. Sumitra Devi it has not committed an error. However, a co-licensee has to be eligible and his eligibility ought to have been ascertained before passing such an order. The impugned revisional order appears to have dealt with the appellate order dated 21.1.2.2009 whereas the Revision filed was against the order dated 29.1.2007. Consequently wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order has already been implemented and mutation of the name of respondent no. 2 has already been directed to be made in the license. The authority is therefore required to consider whether he was an eligible person to be made as co-licensee/partner under the 1968 Rules and whether he would in any manner be entitled to be considered as partner under the 1968 Rules. The eligibility has to be and should be considered by the authority concerned forthwith. It is made clear that any observation or direction made in this order survives only till 31st March 2011 for the existing license of 2010-2011 whereafter the authorities are free to proceed in accordance with law. It is expected that the competent authority shall decide the dispute prior to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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