1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2500 OF 2009 IN WRIT PETITION NO.1781 OF 2009 Hari Balabhim Dhas, since deceased through Heirs & legal representatives 1.Suman Hari Dhas & ors. ...Applicants. vs. The State of Maharashtra & ors. ...Respondents. --- Mr.R.S.Khadapkar, for Applicants. Mr.Mr.V.S.Masurkar, GP for Respondent nos.1 to 4. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 21st November,2009 P.C.:- 1. Civil application is granted in terms of prayer clause (a) & (b). Amendment to be carried out within a period of one week from today. (D.K.DESHMUKH, J.) (K.K.TATED, J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2505 OF 2009 IN WRIT PETITION NO.1781 OF 2009 Hari Balabhim Dhas, since deceased through Heirs & legal representatives 1.Suman Hari Dhas & ors. ...Applicants. vs. The State of Maharashtra & ors. ...Respondents. --- Mr.R.S.Khadapkar, for Applicants. Mr.Mr.V.S.Masurkar, GP for Respondent nos.1 to 4. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 21st November,2009 P.C.:- 1. Civil application is granted in terms of prayer clause (a). Amendment to be carried out within a period of one week from today. (D.K.DESHMUKH, J.) (K.K.TATED, J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1781 OF 2009 Hari Balabhim Dhas, since deceased through Heirs & legal representatives 1.Suman Hari Dhas & ors. ...Applicants. vs. The State of Maharashtra & ors. ...Respondents. --- Mr.R.S.Khadapkar, for Applicants. Mr.Mr.V.S.Masurkar, GP for Respondent nos.1 to 4. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 21st November,2009 P.C.:- 1. A licence under the Essential commodities Act was issued in favour of Hari Balabhim Dhas for supply of kerosene to the Card Holders on priority basis because he was handicapped person. Admittedly, he was 4 convicted by the Sessions Court for offence under Indian Penal Code, and therefore, his licence was cancelled. The appeal and the Revision preferred against that order failed. This petition was filed by him challenging the order cancelling his licence and two orders confirming it. During the pendency of this petition, he expired. Admittedly, as Hari Balabhim Dhas was granted licence in the category of handicapped person, even if the licence had been in force at the time of his death, it would not have been inherited by his heirs, because his heirs admittedly do not belong to the category of handicapped persons. The learned Counsel appearing for petitioners relying on the Government Resolution dated 22.12.2007 submitted that if a licence holder dies his heirs can inherit licence. In our opinion, this Government Resolution does not apply where the licence is granted on priority basis because of a peculiar physical condition of a person. The priority must come to an end the moment the individual whose physical incapability entitles him to the priority is no more in existence. In our opinion, as a result of death of 5 original petitioner, there is no room to restore the licence which has been cancelled. The petition is, therefore, rejected. (D.K.DESHMUKH, J.) (K.K.TATED, J.)