TMI Blog2013 (6) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 renewed from time to time. On 29.6.2005 she moved an application for including the name of one of her sons, respondent No.5 in the said licence. Her other three sons including the petitioner filed a joint affidavit stating that as they have separate businesses they have "no objection" if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 was preferred. In appeal, the order of the District Excise Officer dated 19.4.2011 was set aside as there was no approval of the Excise Commissioner to the same and the matter was sent back. The District Excise Officer again vide order dated 28.8.2012 held that the petitioner is e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ented. 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 business of the Taj Mahal Hotel and Bar at Allahabad. Therefore, prima-facie the said business which is being run by respondent no. 5 could not be allowed to be disturbed and interfered with though at the same time the eligibility of the petitioner to be included as a co-lice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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