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Bombay High CourtWP/15360/2024disposed off

Suryakant Baburao Khaladkar v. The State Of Maharashtra And ORS

2026-02-11Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

15-WP-15360-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15360 OF 2024 Suryakant Baburao Khaladkar

...Petitioner

Versus

Digitally signed by CHAITANYA ASHOK JADHAV Date:

2026.02.17 11:11:53 +0530 The State Of Maharashtra And Ors.

...Respondents

CHAITANYA ASHOK JADHAV Ms. Sampada Khanolkar i/b Mr. Vinayak Salokhe, for the Petitioner.

Mr. Y. S. Kachare, 'B' Panel Counsel, for the Respondents.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 11, 2026 ORDER :

1.

Learned Advocate on behalf of the State has instructions to submit that he has examined the file, and that evidently, the Government Resolution dated July 6, 1989, entailing succession of interest by legal heirs to the deceased license-holder, refers to certain antecedent policy documents which would need to be examined to take a stand as to what the legal position was in 1985, when Mr. Wadkar passed away.

2.

Towards this end, he seeks that the matter be stood over by a couple of weeks.

February 11, 2026 Chaitanya

15-WP-15360-2024.doc 3.

List on February 24, 2026 to enable the State to take a position after examining the record, and to file an affidavit with supporting documents to demonstrate the position of the State as a matter of policy on how to deal with the demise of a licence holder. He also submits that the creation of partnership interest in the licence was taken on record by the State and forms part of its records. 4.

Therefore, the question that arises is that of a conflict between partners' interests and a legal heir's interest, the reconciliation of which would necessitate the aforesaid course of action. 5.

Stand over to February 24, 2026.

6.

Respondent No. 1 shall ensure that the detailed affidavit setting out the precise flow of the policy position in this regard is made available to the Court before the next date.

7.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] February 11, 2026 Chaitanya