:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 5847 OF 2007 Brijmohan Ramchandra Gupta ...Petitioner Versus Home Minister State Excise Department, Mumbai and Ors. ....Respondents Mr.Uday Warunjikar, Adv. for the petitioners. Mr.R.M.Patne, AGP for respondent nos.1 to 3. Mr.Rajesh More, Adv. for respondent no.4. CORAM: S.C.DHARMADHIKARI, J. 23rd January, 2008. P.C. P.C. P.C. : : : 1. Heard learned counsel appearing for the parties. 2. A license to sell liquor was issued in the name of M/s.Gupta Wines. The business was carried from 604, :2: :2: :2: Shaniwar Peth, Pune. There were certain changes which have been reported to the Licensing Authority and entries have been effected in the licence on that basis. Ram Ratan Gupta, as claimed by the petitioner, was the proprietor of this business. He is the grandfather of the petitioner. In the year 1989, the name of the petitioner is entered as a partner. In the year 2002, the father of the petitioner, Ramchandra Gupta joined the business as a partner and there were three partners. Firstly, the grandfather Mr.Ram Ratan Gupta retired and it is alleged that the brother of the petitioner Vijay by forging the documents and putting a false signature of the petitioner obtained the order of deletion of his name from the licence. The matter was reported to police and the criminal proceedings are pending. 3. Now, it appears that the said Ramchandra Gupta, father of the petitioner expired on 7.2.2006. An application was made for entering the name of the mother DhanpatiDevi as legal heir of deceased Ramchandra. It appears that this course was objected by the petitioner. The Licensing Authority awaited for :3: :3: :3: the brother to amicably resolve the issue. However, later on the other brothers and sons of Dhanpatidevi agreed, that only the name of Dhanpatidevi should be entered into the licence and that is how the licensing Authority proceeded. The petitioner is aggrieved and agitated by the fact that he is now excluded from his business because after the death of the father and grandfather, he is not allowed to conduct the liquor business. 4. A grievance was made with regard to the order dated 28.7.2006 entering the name of the Dhanpatidevi. However, that grievance has not been redressed by the Appellate Authority, inasmuch as, the petitioner’s Appeal is dismissed. The revision also is dismissed by the Revisional Authority. 5. Aggrieved by the Appellate and Revisional order, this petition under Article 227 of the Constitution of India. 6. I have heard Mr.Warunjikar at length and with his able assistance, I have perused the petition and the :4: :4: :4: Annexures thereto. In my view, the Appellate and the Revisional Authorities were right in refusing to take cognisance of the request of the petitioner. If the petitioner claims any right in the liquor business or other properties of his father and contends that the brothers and the mother cannot succeed to them exclusively, than, the authorities under the Bombay Prohibition Act is not the Forum for resolving such issues. These are highly contentious issues. The remedy of the petitioner is not to approach the Licensing Authority for resolving them. It is open for the petitioner to approach the competent civil court and request it to grant appropriate declarations and orders in his favour. Until then, the arrangement made by the Authorities under the Bombay Prohibition Act must continue. Merely because the name of the petitioner’s mother is entered in the license, does not mean that the matter stands concluded. The Appellate and the Revisional Authority admittedly not being the Forum, their observations and conclusions cannot prejudice the petitioner. The competent civil court will take note of the petitioners grievance and based upon the oral and documentary evidence laid before it, :5: :5: :5: will decide the issue as to whether the petitioner succeeds to the estate and to what extent. If the estate includes this liquor business and shops even that matter will be resolved by the competent civil court independent of the findings of the appellate and the Revisional Authority. Keeping all such remedies open and upholding the view of the Licensing Authority, I proceed to dismiss this petition. sd/- **********