JACOB MATHEW Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) The petitioner, a proprietor, obtained an FL-3 licence for his two-star classified restaurant; later, in the light of the changed Government policy, he got an FL-11 licence.

(2.) In 2011 the petitioner was said to have applied-- though not pleaded in the writ petition but is evident from the counter affidavit--for the change of licencee's name. It was rejected as impermissible. Subsequently, in the light of the amendment effected to Rule 19 of the Foreign Liquor Rules in 2009, the petitioner once again submitted Exhibit P2 application to have the proprietary concern converted into a partnership firm comprising the Proprietor, as one of the partners, and two others. The petitioner, along with the application, has submitted Exhibit P1 draft partnership deed for approval and sanction by the Commissioner of Excise.

(3.) Initially, the Deputy Commissioner of Excise, having processed the application, forwarded it for further action to the Commissioner of Excise, who, however, through Exhibit P4 rejected the petitioner's claim. Aggrieved, the petitioner has filed the present writ petition.