707 of 1995.
On this report, the District Excise Officer, Varanasi, cancelled the license in favour of the fifth respondent with the result that the license in respect of the said shop was deemed to be vacant.
Ultimately, he filed a writ petition in the Allahabad High Court Writ Petition C No.
The license was granted to Gorakhnath against which the fifth respondent again took proceedings before the excise authorities.
The appellant preferred an appeal against the order of the District Magistrate which was dismissed by the Additional Excise Commissioner.
Prior to 1961, the license stood in the name of Mohd.
A revision filed before the Government was also dismissed, whereupon he approached the Allahabad High Court by way of a Writ Petition C No.
On May 20, 1994, the District Magistrate, Varanasi accepted the fifth respondents case and directed the renewal of FL 16 license, for the year 1994 95, in his favour under an elaborate order.
A numberification was issued on October 16, 1993 calling for applications for the grant of a regular license in respect of the said shop.
On the said application, a report was submitted by the officer that while the fifth respondent had number applied for renewal of license for the year 1993 94, he is yet running the business on the basis of a temporary license.
Fifth respondent companyplained against the same and took several proceedings in that behalf.
The fifth respondent furnished his explanation to the said query but numberorders were passed in the matter.
For the excise year 1992 93, the fifth respondent applied for renewal in the usual companyrse.
While so, Sri Surender Tripathi filed an application dated June 4, Surender Tripathi filed an application dated June 4, 1993 requesting for grant of a temporary FL 16 license in the name of his wife, Shanti Devi.
Eleven persons including the appellant therein, Sri Gorakhnath applied.
707 of 1985 has been dismissed by the High Court under the order impugned herein.
On May 24, 1980, the license in favour of fifth respondent was cancelled and a temporary license was issued to One R.S. Tiwari.
Khalil fifth respondent herein.
Writ Petition C No.
Thereon, a query was raised by the District Excise Officer as to the circumstances in which license was granted to the fifth respondent in 1984 and later.
In that year, the name of fifth respondent was also added.
Abdul Hamid died in March 1979.
In this order, the District Magistrate set out the history relating to the grant and the subsequent litigation companycerning the said license found that litigation companycerning the said license and found that the cancellation of fifth respondents license by the District Excise Officer by his order dated July 3, 1993 was incompetent in law and number warranted on facts.
This fact is taken from the order of the District Magistrate dated May 20, 1994.
Accordingly, the license for the excise year 1979 80 was renewed in the name of fifth respondent alone.
Abdul Hamid, brother of Mohd.
Pursuant to the said order, the license in favour of the fifth respondent was renewed and companytinued to be renewed till and including the excise year 1991 92.
P. JEEVAN REDDY, J. Leave granted.
The dispute pertains to the grant of FL 16 license in respect of the area Kachchi Sarai, Dal Mandi, Sector II, Varanasi.
Only one license is sanctioned for the said area.
15434 of 1981 which was allowed on August 29, 1986.
