1 wp1524.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1524 OF 2011 KJ Ashok Keshav Karambelkar )..Petitioner Versus Municipal Corporation of Greater Mumbai & Ors. )..Respondents ---- Mr.N.D.Jayawant for the petitioner. Mrs.V.S.Gharpure for BMC. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ DATE : 11th November, 2011 PC 1 The grievance of the petitioner is that after the death of his father in the year 2001, he is running the flour mill. According to the petitioner he is class-I heir of deceased Keshav Anant Karambelkar who was the original license/permit holder. The license/permit is suspended by the impugned order by the Corporation on the ground that the petitioner has failed to place 2 wp1524.11.sxw on record any documents/succession certificate proving that he is the legal heir of the original license/permit holder and in view of the same, the license/permit is suspended. It is argued by the learned Counsel for the petitioner that his father Keshav Anant Karambelkar had two sons i.e present petitioner and another brother of the petitioner, who is already dead and the petitioner and the sons of his brother are only class-I heirs. According to him, therefore, when heirs of his brother have no objection, being class-I heir, petitioner is entitled to get license/permit in his favour. It is not in dispute that the petitioner has never applied to the Corporation for changing the license/permit of the flour mill in the name of the petitioner. The petitioner has continued the business in the name of his deceased father. Considering the said aspect, no fault can be found with the order passed by the Corporation suspending the license/permit of the petitioner because that license/permit has already come to an end in view of the death of the original license/permit holder. The petitioner can apply to the Corporation for changing the name in the original license/permit and bring the appropriate material before the Assistant 3 wp1524.11.sxw Commissioner, M-West Ward, with NOC of the heirs of his real brother. The appropriate authority may verify the record and satisfy himself whether the petitioner is class-I heir and whether any of the other heirs in class-I category have any objection and pass appropriate order accordingly. On receipt of such application with appropriate documents, the appropriate authority may take appropriate decision regarding change of name in the license/permit within a period of eight weeks from such application. If any other documents are called for, the petitioner may provide the same. Learned Counsel for the petitioner states that it is required to be noted that the license/permit is inheritable and he is the class-I heir along with the heirs of his brother. His brother is now dead and his sons have no objections in this behalf. The appropriate authority may also verify as to whether original license/permit was in favour of the petitioner’s father in his personal capacity. Subject to above, petition is disposed of. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J) 4 wp1524.11.sxw