GORAKHNATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The dispute pertains to the grant of FL-16 licence in respect of the area Kachchi Sarai, Dal Mandi, Sector 11, Varanasi. Only one licence is sanctioned for the said area.

(3.) Prior to 1961, the licence stood in the name of Mohd. Abdul Hamid, brother of Mohd. Khalil fifth respondent herein. In that year, the name of the fifth respondent was also added. Abdul Hamid died in March 1979. Accordingly, the licence for the excise year 1979-80 was renewed in the name of the fifth respondent alone. On 24/5/1980, the licence in favour of the fifth respondent was cancelled and a temporary licence was issued to one R. S. Tiwari. The fifth respondent complained against the same and took several proceedings in that behalf. Ultimately, he filed a writ petition in the Allahabad High court [writ Petition (C) No. 15434 of 1981] which was allowed on 29/8/1986. Pursuant to the said order, the licence in favour of the fifth respondent was renewed and continued to be renewed till and including the Excise Year 1991- 92.