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2014 Supreme(Bom) 1610

A.S.OKA, A.S.CHANDURKAR
Ranjana Murlidhar Anerao – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. Rahul D. Motkari, for the Petitioner.
Mr. A.I. Patel, AGP, for Respondent Nos.1 to 3.
Ms. Deepalaxmi S. Matwankar, for Respondent No.4(a).

ORAL ORDER:

A.S. CHANDURKAR, J.

1. The question that arises for determination in this Writ Petition filed under Article 226 of the Constitution of India is whether the exclusion of a married daughter from the expression “family” for being entitled to be considered for grant of retail kerosene license under Government Resolution dated 20th February, 2004 can be said to be legal and valid.


2. The factual background which gives rise to the aforesaid question is that one Godavaribai Jairam Jadhav was holding a retail kerosene license issued to her under provisions of the Maharashtra Scheduled Commodities Retail Dealers' Licensing Order, 1979 (for short, the Licensing Order of 1979). She expired on 9th April, 2003 and was survived by her son – respondent No.4 and daughter – the petitioner. The petitioner had initiated proceedings for inclusion of her name as legal representative and had sought issuance of license in her name. In the aforesaid proceedings, the Hon'ble Minister, Food and Civil Supplies on 26th September, 2007 had held the petitioner entitled for transfer of aforesaid license in her name. Pursuant thereto the Collector had on 8.10.2007 issued aforesaid license in favour of th




























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