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2023 Supreme(MP) 270

GURPAL SINGH AHLUWALIA, AVANINDRA KUMAR SINGH
Rathore and Mehta Associated – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
Sanjay Agrawal with Rahul Gupta for petitioner, Brahmadatt Singh, Deputy Advocate General for respondents/State.

ORDER

Ahluwalia, J:- 1. This Writ Petition under Article 226 of the Constitution of India has been filed against the order dated 26.5.2023 (Annexure-P/7) and 27.5.2023 (Annexure-P/8) passed by the Collector (Excise) Bhopal, by which the license to run the liquor shop awarded to the petitioner has been cancelled and fresh e-tender has been issued.

2. It is the case of the petitioner that the petitioner is a partnership firm constituted under the name and style “Rathore and Mehta Associates”. Initially there were three partners namely, Shri Sanjeev Kumar Mehta, Shri Sushil Singh and Shri Surendra Rathore. The petitioner was under obligation to submit the bank guarantee which was done by the petitioner firm. As per the partnership deed, Shri Sanjeev Kumar Mehta had 45% share in profit and loss, Shri Surendra Rathore had 45% share in profit and loss and Shri Sushil Singh had 10% share in profit and loss. It is the case of the petitioner that without the information, knowledge and consent of other partners, Shri Sanjeev Kumar Mehta entered into a memorandum of understanding on 04/05/2023 i.e. subsequent to the submission of the bank guarantee and inducted one more person namely Shri Anand

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