HIPOLITO GREGORIO COUTINHO Vs. JAGDISH SAGAR AND OTHERS

JUDGEMENT

(1.) The petitioner in the above Special Civil Application was a partner in a firm called M/s. Gregorio Coutinho, carrying on business of Indian made foreign liquor at its shop situated at Silvassa, Dadra and Nagar Haveli. The only other partner in the firm was his father Gregorio Coutinho. In 1969, the Dadra and Nagar Haveli Excise Duty Regulation, 1969, came into force in the area which, inter alia, required the licence to be issued under the said Regulation before the petitioner could sell liquor. The petitioner's firm had already a licence for retail sale of Indian made foreign liquor registered as Licence No. 1 since the year 1962-63, which was renewed from year to year till J971. The licence stood- in the name of the petitioner's father Gregorio Coutinho, who died on March 10, 1971.

(2.) By a letter dated March 17, 1971, Mrs. Airina Gregorio Coutinho, the petitioner's mother requested the Excise Commissioner, Dadra and Nagar Haveli, Silvassa, to transfer the said licence in her name. By another letter dated March 17,1971, the petitioner and the other heirs of the deceased Gregorio Coutinho stated to respondent No. 1 that they had no objection to the transfer of the licence in the name of their mother Mrs. Airina Gregorio Coutinho. This request was turned down in May 1971. On May 29, 1971, the petitioner made an application for transferring the licence to the name of the petitioner as he was the partner of the firm on whose behalf the licence was held by the petitioner's father, setting out all the facts relating to the firm and the partnership and the previous licence, contending that the transfer was a bona fide transfer which was allowed in all the Union territories and States of India and also in the alternative stating that as a partner he was the owner of the licence along with his father and hence as a matter of equity and law, the licence should be transferred to his name as he was the eldest son of the deceased and also his partner.

(3.) He followed this application with several representations. The only reply which he got was an order refusing the transfer of the licence. The said order dated Aug. 18/21, 1972, is as follows: