JUDGMENT

B. P. Jeevan Reddy, J. - Leave granted.

2. The dispute pertains to the grant of FL-16 licence in respect of the area Kachchi Sarai, Dal Mandi, Sector-II, Varanasi. Only one licence is sanctioned for the said area.

Prior to 1961, the licence stood in the name of Mohd. Abdul Hamid, brother of Mohd. Khalil-fifth respondent herein. In that year, the name of fifth respondent was also added. Abdul Hamid died in March 1979. Accordingly, the licence for the excise year 1979-80 was renewed in the name of fifth respondent alone. On May 24, 1980, the licence in favour of fifth respondent was cancelled and a temporary licence was issued to One R.S. Tiwari. Fifth respondent complained against the same and took several proceedings in that behalf. Ultimately, he filed a writ petition in the Allahabad High Court (Writ Petition (C) No. 15434 of 1981) which was allowed on August 29, 1986. Pursuant to the said order, the licence in favour of the fifth respondent was renewed and continued to be renewed till and including the excise year 1991-92.

3. For the excise year 1992-93, the fifth respondent applied for renewal in the usual course. Thereon, a query was raised by the District Excise Officer