1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION (L) NO.211 OF 2010. Shri Suraj A. Shetty. ..Petitioner. v/s. The State of Maharashtra, through the Secretary, Home Department & Ors. ..Respondents. .... Mr. Pankaj Kansara, for Petitioner. Mr. Pradip Jadhav, AGP, for Respondent Nos. 1 to 5. .... CORAM : S.J. KATHAWALLA, J. DATE : 28TH JANUARY 2010. P.C. Not on Board. Taken on Board. 2. The petitioner has filed the present writ petition challenging the order dated 10th December 2009 passed by the respondent no.4 informing the petitioner that if he fails to get the FL-III license transferred in his name from the name of his deceased father by 31st January, 2010, the police license will automatically be cancelled without giving any intimation. 3. The petitioner’s father was the original licensee who was running the Restaurant and Bar under the name and style of M/s. Giri Lunch Home, Bar and Restaurant. According to the 2 petitioner, the original licensee died on 24th November 2008 leaving behind the petitioner as his only legal heir. The petitioner has on 20th April 2009 applied to the State Excise Department for transferring FL-III license bearing no.679 standing in the name of his deceased father to his name. According to the petitioner, though all the other licenses are already issued in the name of the petitioner, the FL-III license is yet to be issued in the name of the petitioner and according to the State Excise Department, the application of the petitioner to transfer FL-III license shall be considered by 31st March 2010. However, respondent no.4 has by his order dated 10th December 2009 threatened to cancel the police license if the petitioner fails to obtain the FL-III license by 31st January 2010. It is submitted on behalf of the petitioner that if the State Excise Department takes time to consider the application of the petitioner to transfer the FL-III license in his name, he is not responsible for the same and that he should not be made to shut down his business and suffer losses without any fault on his part. 4. In view of the aforesaid, the following order is passed :- (i) The respondent no.2 shall consider and dispose of 3 the application of the petitioner seeking transfer of FL-III license bearing no.679, in his name, on or before 11th February 2010. (ii) The petitioner shall be allowed to carry on the business of M/s. Giri Lunch Home Bar and Restaurant, upto 11th February 2010 and a week thereafter, if the order is adverse to the petitioner. (iii) Writ petition is accordingly, disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]