P.K. GOVINDA Vs. K. SAMPOORNA PANDIYAN

JUDGEMENT

(1.) These intra court appeals are filed challenging the common order dtd. 11/3/2022 passed by the learned Single Judge of this Court in W.P.No.14282/2021 and W.P.No.14335/2021.

(2.) Heard the learned counsel for the parties and also perused the material available on record.

(3.) Brief facts that would be relevant for the purpose of disposal of these appeals are: The appellant and respondent Nos.1 to 5 are the children of late P.Krishnaswamy Naidu, who was holding two CL-9 licenses during his lifetime. P.Krishnaswamy Naidu died on 3/3/2021 leaving behind four sons and four daughters as his legal heirs. The appellant herein who is the eldest son of late P.Krishnaswamy Naidu filed an application before respondent No.6 for transfer of CL- 9 licenses, which were held by P.Krishnaswamy Naidu contending that late P.Krishnaswamy Naidu had executed a registered Will dtd. 16/7/2014 in his favour bequeathing the rights in respect of two CL-9 licenses in his favour. Respondent Nos.1 to 5 had opposed the said application disputing the genuineness of the Will and though respondent No.6 had issued prior approval for transfer of licenses in favour of the appellant on certain terms and conditions, respondent No.7 without taking the same into consideration had proceeded to transfer the licenses in favour of the appellant in exercise of his power under Sec. 17-A of the Karnataka Excise Licence (General Condition), Rules 1967. Respondent no.7 had passed two separate orders dtd. 17/5/2021 and 7/5/2021. Being aggrieved by the said orders and the orders dtd. 13/5/2021 and 3/5/2021 passed by respondent No.6 vide which prior approval was given for transfer of licenses in favour of the appellant, respondent Nos.1 to 5 had approached this Court by filing W.P.No.14282/2021 and W.P.No.14335/2021, respectively. The said writ petitions were clubbed, heard together and disposed of by a common order by the learned Single Judge and being aggrieved by the same, the appellant, who was respondent No.3 in the aforesaid two writ petitions is before this Court in these appeals.