SARASWATIBAI GANGAGOUD ANANTWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present petition is filed challenging the order dtd. 4/7/2022 passed by the Principal Secretary, Maharashtra State Excise Department, Mantralaya, Mumbai in Revision Application No.2/2022.

(2.) The controversy in the matter pertains to CL-III licence which was initially issued in favour of late Gangagoud Anantwar, deceased husband of original petitioner. After filing of the petition, the petitioner has expired and her two sons, a daughter and widow and sons of pre-deceased son are brought on record as legal representatives.

(3.) A licence for sale of country liquor in the form of CL-III was issued in the year 1973 in favour of one Gangagoud Bhimagoud Anantwar. This Gangagoud entered into a partnership for the purpose of country liquor business with respondent nos.5 and 6 on 16/7/1994. Deceased Gangagoud had 34% share and respondent nos.5 and 6 had 33% share each in the said firm. Respondent No.3 - Collector granted approval to the said firm and names of respondent nos.5 and 6 were also entered in CL-III licence along with deceased Gangagoud. Thereafter, deceased Gangagoud and respondent nos.5 and 6 executed a supplementary deed of partnership dtd. 20/7/1998. The supplementary deed of partnership dtd. 20/7/1998 enumerates the same terms and conditions as enumerated in deed of partnership dtd. 16/7/1994. Supplementary deed of partnership was executed since the earlier partnership deed dtd. 16/7/1994 was scribed on a stamp paper of inadequate denomination.