KEDARNATH PRO SAD Vs. STATE

JUDGEMENT

(1.) THIS application has been moved upon notice and Mr. N. N. Guptoo with Mr. Indrajit sen has appeared to oppose the application.

(2.) THE subject matter of dispute in the instant writ application is an order passed by the Excise Authorities against the petitioner dated 5th February, 1985, inter alia, canceling and forfeiting the petitioner's licence on the ground of violation of Rules 2 and 207 of the Rules framed under section 96 of the Bengal excise Act, 1909 and also violation of condition No. 6 of the General conditions applicable to such licence.

(3.) DR. Pal, appearing in support Of the application, has contended that there has been no transfer of the licence by the petitioner and the conveyance which is referred to in the order contains a specific exclusion as far as the tights and liabilities under the petitioners Excise licence are concerned and the same have been reserved to the petitioner himself. In respect of his aforesaid submission Dr. Pal has tried to draw analogy from the cases, where permits granted under the Motor Vehicles Act to any one partner are utilised by a partnership for the purpose of plying Motor vehicles, and has invited my attention to the principle laid down in the case reported in AIR 1966 M. P. 13 (paragraphs 8 and 9 ).