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2013 (6) TMI 89 - ALLAHABAD HIGH COURTLiquor bar license - Suspension of licence - refusal to record/substitute the name of the petitioner in place of his deceased mother in the liquor licence in absence of succession certificate - interim direction in the revision permitting the license to remain operative in the name of respondent no. 5, co-licensee during pendency of the revision - Held that:- 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 Kamlesh Kumar Singh Vs. State of U.P. and others (2013 (6) TMI 114 - ALLAHABAD HIGH COURT). 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 considered under the U.P. Licensing under Surcharge Fees System Rules, 1968. It is for the consideration of the above eligibility alone the matter was remanded but as for as the right of the petitioner to be substituted in the license as a heir of Smt. Sumitra Devi was approved. The above order of the High Court is final. It has been accepted by the parties as it was not challenged any further. Therefore, the right of the petitioner to be included/substituted as heir of Smt. Sumitra Devi in the said licence stood concluded. This leaves no scope for directing to produce the succession certificate. Only the point of eligibility of the petitioner was left open to be considered. None of the authorities so far have held that the petitioner is not eligible under the aforesaid 1968 rules so as to be a co-licensee with respondent no. 5 there was no justification for the appellate authority to have directed for production of the succession certificate - direction to the appellate authority to forthwith consider the eligibility of the petitioner to be included as a co-licensee.
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