The petitioner challenged orders denying a licence due to disputes over partnership with the deceased's relations. The High Court refused interference, holding it was a fit case for civil adjudication and dismissed the petition.
Petition dismissed; no costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No.5623 of 2007
Shri Milind Bhagwan Teke ..Petitioner
vs.
State of Maharashtra & Ors. ..Respondents
Shri D.B.Sawant for petitioner.
Shri D.A.Patil for respondent nos.1 to 3.
CORAM: S.C.DHARMADHIARI J.
11th December, 2007
P.C.
1. Heard Shri Sawant for the petitioner. I see
no reason to interfere with the order of the
Minister confirming that of the other
subordinate authorities and holding that unless
and until the disputes between the petitioner
and relations of the deceased are resolved in
appropriate proceedings, no directions can be
issued with regard to the subject licence and
more particularly that the petitioner be allowed
to operate it as alleged partner of the
deceased. This is not a fit case as the
petitioner has also approached the Civil Court.
Petition is dismissed. No costs.
(S.C.DHARMADHIKARI J.)
2 issues framed by the court
Whether to interfere with the order confirming that licensing directions cannot be issued to an alleged partner of a deceased person until disputes with relations are resolved.
Whether this is a fit case for writ intervention given that the petitioner has approached the Civil Court.
Shri Milind Bhagwan Teke
State of Maharashtra
S.C. Dharmadhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court