Santosh Rangnath Kakde And Others v. The State Of Maharashtra And Others

944-wp-1103-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 WRIT PETITION NO.1103 OF 2020 SANTOSH RANGNATH KAKDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Kale Ajeet B.

AGP for Respondents : Mr. P.G. Borade Advocate for Respondent No.5 : Mr. S.D. Hiwrekar ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 15th SEPTEMBER, 2021 PER COURT:- 1.

This petition has been fled by the aggrieved card holders who seek action against respondent no.5 who was holding the license to operate the fair price shop, in the light of their complaints mentioned in prayer clause (C). However, during the pendency of this petition, respondent no.5 has passed away. The learned advocate representing respondent no.5 has fled a purshis dated 04.09.2021 along with the death certifcate of respondent no.5. The compilation of documents (three pages) tendered by the learned advocate for respondent no.5 are collectively marked as 'X' for identifcation. 2.

The learned AGP submits that, with the death of respondent no.5, there would not be an automatic transfer of the fair price shop license to the legal heirs of the deceased, save and except by following the due procedure of law.

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944-wp-1103-2020.odt 3.

In view of the above, this petition is rendered infructuous. The same is therefore disposed of. We, however, grant liberty to the petitioners to resort to a remedy as may be permissible in law if the license held by the deceased respondent no.5 is transferred in the name of his legal heir.

(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 2/2