( 1 ) BY this petition, the petitioners seek quashing and setting aside appellate order passed by Commissioner of State excise on 08. 12. 1995, whereby the commissioner allowed respondent No. 4's appeal against order of the Collector and directed removal of names of petitioners from CL-III licence No. 26/86-87, for selling country liquor.

( 2 ) FACTS relevant for deciding this petition are as under : one Narayan Naik was granted licence no. CL-III 22/86-87 for running a country liquor shop at Ashok Chowk, Siraspeth, Nagpur. On 04. 10. 1988 an application, bearing signatures of narayan Naik, Petitioner No. 1 and Respondent no. 5, was moved for transfer of said licence in the name of petitioner No. 2 a Private Limited company of which the three signatories were stated to be directors. After an enquiry, by order dated 23. 02. 1989 the State Government transferred the licence in the name of petitioner no. 2 upon certain conditions, namely, that original licensee should get larger share of profit; if the original licensees relation with licence is severed, remaining two directors shall not have any right over the licence, and upon demise of original licensee, his heirs will get the bene

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