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1971 Supreme(All) 246

A.K.KIRTY, G.C.MATHUR
Savitri Agrawal – Appellant
Versus
K. K. Bose – Respondent


Advocates:
S.C. Boadhwar, for Appellant.

Judgement

G. C. MATHUR, J. :- This is a special appeal against the judgment of Broome, J., allowing the writ petition filed by respondent No.1, K.K. Bose and quashing an order granting a hotel bar licence for the sale of foreign liquor in Form F.L.6 to the appellant, Srimati Savitri Agarwal.

2. One J.K. Bose, uncle of respondent No.1, was running the Great Indian Hotel in Lucknow and held a licence in Form F.L.6 for the retail sale of foreign liquor since 1910. Respondent No.1 had been assisting his uncle in the running of the hotel as well as of the bar. In 1961, J.K. Bose died. By his will, he left the hotel and the bar business mainly to his nephew. Respondent No.1 applied for continuance of the bar licence in his name. A temporary licence was first granted to him but was later revoked on the ground that liquor licences were not heritable and that respondent No.1 had no preferential claim. Applications were then invited for the settlement of the licence held by the late J.K. Bose and a number of persons, including the appellant and respondent No.1, applied for it. The excise authorities prepared a comparative chart of the qualifications of the various applicants and, in this chart











































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