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2000 Supreme(Ker) 662

R.BHASKARAN
Suresh Babu – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

R. Bhaskaran, J.

1. This original petition is filed to quash Exts. P4 and P13 proceedings of the Board of Revenue (Excise) and the order contained in Ext. P9 letter dated 30-10-1996 of the first respondent and also for directing respondents 1 to 3 for restoring the FL 3 licence of the Modern Hotel, Kundara, in the name of the petitioner and for other reliefs. Modern Enterprises is a partnership firm which consisted of 5 partners including the petitioner and respondents 4 and 5. The firm was running a hotel by name "Modern Hotel" at Kundara and was having FL 3 Bar Licence from the year 1984-85. The petitioner being the Managing Director of the firm, the licence was in the name of the petitioner. The fifth respondent filed an application dated 3-8-1995 requesting for transfer of FL 3 licence in her name. By Ext. P4 dated 26-9-1995, the 2nd respondent transferred the licence in the name of the 5th respondent. Aggrieved by Ext. P4, the petitioner submitted a petition to the Minister for Excise. Thereafter, the Board of Revenue issued a notice to the petitioner for a hearing on 30-11-1996. It is the case of the petitioner that no hearing was conducted on 30-11-1996 and it was adj










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