1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7595 OF 2008 1. Smt. Vijayabai W/o Bajaranglal Jaiswal } Age : 59 Years, Occ. : Business, } R/o : Pensionpura, Hingoli, } Tq. & Dist. : Hingoli. } 2. Atul S/o Bajaranglal Jaiswal } Age : 34 Years, Occ. : Business, } R/o : Pensionpura, Hingoli, } Tq. & Dist. : Hingoli. } .... PETITIONERS V E R S U S 1. The Hon’ble Minister } State Excise Department, } Mantralaya, Mumbai. } 2. The Commissioner } State Excise Department, } At Mumbai. } 3. The District Collector } Hingoli, Dist. Hingoli. } 4. Jitendra S/o Bajaranglal Jaiswal } Age : 36 Years, Occ. : Business, } R/o : Pensionpura, Hingoli, } .... RESPONDENTS Mr. H.V.Patil, Advocate for Petitioner. Mr.P.P.More, A.G.P. for State. Mr.R.F.Totla, Advocate for Respondent no. 4. 2 [ CORAM : S.S.SHINDE, J. ] DATE : 04/09/2009. ORAL JUDGMENT : 1. Rule. Rule returnable forthwith. Heard with the consent of the parties. 2. This petition is filed challenging the Judgment and Order passed by the Minister, State Excise Department in Case No. RVN 1108/RA/35/EXC-3 on 18/11/2008. 3. The back-ground facts of the case are as under : The petitioners country liquor license bearing no. 56 at Pensionpura was granted in favour of late Babulal Sukhalal Jaiswal. After his death, it was transferred in the name of Bajaranglal Jaiswal, who died on 9/3/1999. After his death, said license is transferred in the name of petitioner no. 1 after obtaining consent from all the legal heirs and following due procedure of law. The respondent no. 4 has filed Misc. Application No. 46 of 2006 before the Civil Judge (J.D.), Hingoli for grant of Heir ship Certificate in his name against the property of deceased Bajaranglal Jaiswal including C.L. III license and same was granted by Civil Judge (S.D.). Against grant of heir ship certificate in favour of respondent no. 4, the petitioners have preferred Misc. Civil Appeal No. 17 of 2007 before the learned District Judge – 1, Hingoli and by Judgment and Order dated 5/8/2008, Misc. Civil Appeal 3 is allowed and heir ship certificate is cancelled. The respondent no. 4 filed an application on 7/9/2007 before the respondent no. 3 for inclusion of his name as a partner in C.L. III license held by petitioner no. 1 and that application was rejected by respondent no. 3 on 17/10/2007 and said order is not at all challenged by the respondent no. 4 and same is intact till today. As per the Govt. Circular dated 20/8/1996, the license holder can include the name of any person as a partner to the license and for that purpose, no objection from the other legal heirs is not requires. The petitioners have entered in to a partnership deed on 1/7/2007 and it has been agreed that the petitioner no. 2 will be the partner of license of petitioner no. 1. On the basis of partnership deed, the petitioners have applied to the respondent no. 3 for including the name of petitioner no. 2 as a partner in C.L. III license hold by petitioner no. 1. After hearing the parties, the application came to be allowed by the respondent no. 3 by its order dated 7/11/2007. Being aggrieved thereby, the respondent no. 4 preferred an Appeal under Section 137 of the Bombay Prohibition Act before the Commissioner, State Excise and same is dismissed by Judgment and Order dated 11/7/2008. Feeling aggrieved by the Judgment and Order dated 11/7/2008, the respondent no. 4 preferred Revision under Section 138 of Bombay Prohibition Act before the Hon’ble Minister, State Excise, Maharashtra State, Mumbai. After hearing the parties, the Hon’ble Minister, State Excise Department, pleased to allow the Revision by its Judgment and Order dated 4 18/11/2008 and directed to include the name of respondent no. 4 in the C.L. III license. 4. The learned counsel appearing on behalf of petitioners invited my attention to the pleadings and grounds in the petition, annexures thereto and submitted that the impugned Order passed by the Minister, has travelled beyond pleadings and prayers of the respondent no. 4. It is further submitted that the direction by the Minister to include name of present respondent no. 4 in country liquor license, is without any prayer by the respondent no. 4 in Revision Petition, which was filed before the Minister. The learned counsel, therefore, would submit that the Order passed in Revision by the Minister, deserves to be set aside. 5. The learned counsel appearing for the respondent submitted that the Order passed in Revision is perfectly tenable in law. The Order is passed in accordance with law and in the interest of justice and, therefore, no interference is called for in the impugned Judgment and Order. 6. Learned A.G.P. appearing on behalf of State justified the Order passed by the Minister and submitted that Writ Petition deserves to be dismissed. 5 7. After hearing learned counsel appearing for the petitioner, A.G.P. for Respondent nos. 1 to 3 and learned counsel appearing on behalf of respondent no. 4, I am of the considered view that, the Minister while entertaining the Revision, has travelled beyond the pleadings and prayers and granted relief to the respondent no. 4 in excess of jurisdiction vested in him. The prayers in the Revision Application, which was filed on behalf of respondent no. 4 i.e. Jitendra Bajaranglal Jaiswal are as under : (a) That the records and proceedings in respect of applicants file with Respondent bearing No. CLR 112007/1458 be called for and after scrutinizing the validity and legality thereof, the order passed by the Respondent no. 2 dated 7/11/2007 and the order passed by respondent no. 1 dated 11th July, 2008 be quashed and set aside. (b) Pending the hearing and final disposal of the Revision, the license be kept under suspension. (c) Such other further and relief as this Hon’ble Authority may deem fit and 6 proper in the nature and circumstances of the case, may require be granted. 8. Mere perusal of the prayer clauses reproduced herein above, it is clear that the respondent o. 4 herein, who has filed the Revision Application, has not prayed in the Revision Application that his name should be included in the license. The Minister while entertaining Revision Application, has directed the Collector to include the name of present respondent no. 4 in the license with Vijayabai Jaiswal and Atul Jaiswal and fix their shares. 9. The Minister has clearly exceeded his jurisdiction and travelled beyond the pleadings and prayers, which is not permissible in revision proceedings. Therefore, the impugned Judgment and Order passed by the Minister, State Excise in Case No. RVN 1108RA-35/EXC-3 dated 18/11/2008 is quashed and set aside. Matter is remanded back to the Minister. The Minister will hear the Revision Application filed by the respondent no. 4 and decide the same within three months from the date of receipt of the Order passed by this Court. Parties to appear before the Minister on 5/11/2009. It is made clear that the Minister to pass the Judgment and Order on the basis of pleadings and prayers in the Revision Application filed by the Respondent no. 4. The Revision Application No. RVN 1108/RA/35/EXC-3 of 2008 is restored to its original position. The petition is partly allowed. The matter is 7 remanded back to the Minister, State Excise Department for fresh consideration. Writ Petition is disposed of. [ S.S.SHINDE ] JUDGE knp/WP7595.08