- (1.) This appeal is directed against an order and/or judgment dated 20th April 2010 passed by the Hon'ble Single Judge in W.P. No. 4716 (W) of 2006, dismissing the writ petition. The following prayers were prayed in the said writ petition:- a) A writ in the nature of certiorari, do issue, quashing and/or setting aside the order dated 25th December, 2005 passed by the respondent No. 2 being annexure P/19 and the order dated 7th February, 2005 passed by the respondent No. 3 being annexure P/17 herein, forthwith. b) A writ in the nature of Mandamus, do issue, commanding the respondent authorities to use his discretion in the matter of inclusion of names of the petitioners in the "F.L. Off" shop license in the name and style of M/s. New Wine Palace, forthwith. c) Rule Nisi in terms of prayers (a) and (b) above. d) Stay of operation of the order dated 25th December, 2005 passed by the respondent No. 2 being annexure P/19 read with the order dated 7th February 2005 passed by respondent No. 3 being Annexure P/17 till disposal of the present writ petition. e) Ad-interim order in terms of prayer (e) above. f) Costs to be paid by the respondents. g) Such further order or orders as His Lordship may deem fit and proper
(2.) The facts of the case briefly are as follows:- The case of the writ petitioner is that on 30th November 1980, Mahendra Shivlal Gandhi entered into a partnership with Dhirendra Kumar Vyas and Tushar Gandhi in the name and style of 'M/s New Wine Palace'. The retail business was in the name of Dhirendra Kumar Vyas, Tushar Gandhi and Mahendra Shivlal and they agreed to contribute capitals for the purpose of running the said 'off-shop' business. From time to time, the partnership was constituted and new partners were inducted in the place of retiring partners. On 30th January, 1994 Dhirendra Kumar Vyas died. After the demise of Dhirendra Kumar Vyas the Excise Authorities transferred the said retail licence in favour of the respondent No. 6, Smt. Bhanumati Vyas, as legal heirs of said Dhirendra Kumar Vyas, since deceased.
(3.) After becoming the licensee Smt. Bhanumati Vyas expressed her intention to continue with the same arrangement and accordingly, a Deed of Partnership was executed on 8th November, 1994 and the existing partnership was reconstituted. Thereafter on 31st March, 1997 two partners i.e. J.P. Thakkar and Tushar Gandhi retired from the said partnership business and again by a Deed of Partnership the said partnership was reconstituted amongst Smt. Bhanumati Vyas, Suni D. Vyas and Mahendra Shivlal. In the year 1999 Jayshree Vyas retired from the said partnership and relinquished her all share in favour of Brijesh B. Byas and Kalpen Kumar Tripathy. Consequently, partnership was reconstituted and a deed was executed on 17th September, 1999 consisting of Bhanumati Vyas, Sunil D. Vyas, Brijesh B. Byas, Kalpen Kumar Tripathy, Gautam Jawaharlal Gandhi and Mahendra Shivlal.;