1 WP 4390/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4390 OF 2011 Yasmin Roshanali Mavji and ors Petitioners Vs The State of Maharashtra and ors Respondents Mr Rajiv L Patil with Mr A.M.Rajabally, Advocate for the petitioners. Smt Veena B Thadhani, Advocate for respondent no.4. Ms.P.S.Cardozo, AGP, for respondent nos 1 to 3. CORAM: S.C.DHARMADHIKARI,J. DATE : 18/07/2011 PC: 1. Heard both sides. 2. The dispute is between the sisters of late Nooruddin and initially with Nooruddin himself. It is contended that the understanding between Noorduddin and the sisters was that he would run the liquor business to give the sisters their due shares. It is alleged that the same understanding was not abided by Nooruddin. Therefore, the petitioners objected to the transfer of the license after the death of Nooruddin in favour of his widow. 3. That objection has been overruled and the license has been transferred in the name of the widow which issue is impugned by the petitioners who are before this court. T 2 WP 4390/2011 4. Having heard Mr Patil appearing for the petitioners and Mrs Thadani appearing for respondent no.4, I am of the view that the views expressed by either the Commissioner or the Collector should be seen as restricted to the operation of the Circular, which enables the authorities to continue the license in the names of the family members so as to enable them to carry on business. The views of the authority and their conclusions in the impugned order do not, in any manner, conclude the issue of right, title and interest of the persons, like the petitioners, who are claiming their shares in the property including the license in question. If their rights survive in law and they can enforce it even against respondent no.4 to this writ petition, nothing observed in this order would preclude them from so claiming it. Needless to state that while upholding the orders under challenge it is clarified that the authorities will have to abide by the adjudication of the appropriate court in such proceedings which may be initiated by the petitioners. Subject to the same and keeping open all contentions of the parties therein, this writ petition is disposed of. (S.C.DHARMADHIKARI, J.) 3 WP 4390/2011