JUDGMENT - R.G. DESHPANDE, J.:---By the present petition, the petitioner is challenging the order dated 29th September 1992, passed by the respondent No. 1- Secretary to the Government, Home Department, Bombay, arising out of the order dated 14-5-1992 passed by the Commissioner of State Excise, M.S. Bombay, in Appeal No : 56/1992 whereby the respondent No. 1 set aside the order passed by the Commissioner of Prohibition and ordered that the foreign liquor licence should be restored in the name of legal heirs of deceased - Shivnarayan Jaiswal, the respondent No. 2.

2.The facts of the case, in nutshell, are as under :---

On 26th of June 1973, the present petitioner Shamlal Jaglal Jaiswal was issued a licence in Form FL. II (foreign liquor Licence II) for sale of foreign liquor. The licence was issued by the Collector, Aurangabad. After obtaining the licence, the petitioner-Shamlal started his liquor shop in the name and style "Jaiswal Wines" at Gulmandi, Aurangabad. It appears that in the passage of time, the said Shamlal, the petitioner, with a view to have a financial assistance as also the assistance in work, took the respondent No. 2- Shivnarayan as a partner and, accordingly, neces

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