-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.5222 of 2007 Shri Rajendra T.Bidkar ..Petitioners vs. The State of Maharashtra and another ..Respondents Shri P.B.Shah i/b Shri A.B.Avhad for petitioners. Ms.V.S.Mhaispurkar, A.G.P. for respondent no.1. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 13th February, 2008 13th February, 2008 13th February, 2008 P.C. P.C. P.C. 1. The petitioner is aggrieved by the order of the Collector and Commissioner, District Pune whereunder the country liquor licence is suspended. 2. The concurrent findings are that the petitioner before me claims to be a heir of the original licensee Shakuntabai who has expired on 1st September, 2003. The other heir is the married daughter of the deceased. Her name is Mangala. The grievance was that the petitioner was holding the General Power of Attorney and carrying on business during the life time of the original licence but Mangala has claimed the right in respect of the licence being the heir -2- of the original licensee. The Collector has directed that both legal heirs can carry on business in partnership and by arrangement where they share 50% of the revenue between themselves or else the licence shall remain suspended. That order has been upheld by the Commissioner. If the arrangement as suggested by the Collector and Commissioner cannot be arrived at, then, the licencing authority rightly concluded that the licence must be suspended. If the licence is suspended pending resolution of the dispute between the heirs, then, that is the course which could legitimately be adopted by the licensing authority and I see no reason to interfere therewith in my equitable, extra ordinary and discretionary jurisdiction under Article 226 and 227 of the Constitution of India. Petition is dismissed. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)