SURYAKANT BABURAO KHALADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is directed against the order dated 31st October, 1988 passed by the Collector, Pune. By the impugned order the Collector, Pune, has directed that the license in Form F. L. II be transferred in the name of the widow of the original licensee. The original licensee was one Balkrishna Ramchandra Wadkar. His widow is Smt. Shobha Balkrishna Wadkar, the respondent No. 4 herein.

(2.) THE licence in question that in Form F. L. II was issued by the Collector, Pune in the year 1973 in the name of Balkrishna Ramchandra Wadkar. He entered into a partnership on 12th July, 1979 with Suryakant and Baburao, the petitioners herein. The petitioners were recognised as partners under Rule 40 of the Bombay Foreign Liquor Rules, 1953, the relevant extract reads as follows:--- 40. Regulation of business of licensee.--- (1) No person shall be recognised as partner of the holder of a vendors licence for the purposes of his licence, unless the partnership has been declared to the Collector before the licence is granted and the names of the partners have been entered jointly in the licence or if the partnership is entered into after the granting of the licence, unless the Collector agrees on application made to him, to alter the licence and to add the name or names of the partner or partners in the licence:

(3.) THE licence was admittedly never issued in the joint names of the partners. Neither was it transferred in the joint names of partners in accordance with the Rule 40. The petitioners were only recognised as partners of the holder of a vendors licence for the purpose of his licence. In other words, the names were only added as partners of the licence holder. There is no dispute that the licence was issued in the name of Balkrishna Wadkar and the names of the petitioners were merely added as partners under Rule 40.