BOMBAY HIGH COURT: EXCISE COMMISSIONER IS DUTY BOUND TO CANCEL LIQUOR LICENSE ON THE APPLICATION OF LEGAL HEIRS OF THE DECEASED

The Bombay High Court in the case Dattaram Govind Naik Versus State Of Goa observed and has held that when the legal heirs of the deceased license holder applied for cancellation, thus, the excise commissioner was duty-bound in order to cancel it.

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The bench headed by Justice Bharat P. Deshpande in the case observed and has stated that the transfer of liquor licenses being at the discretion of the concerned authority.

In the present case, the petitioner in the plea challenged the order which is passed by the Commissioner of Excise, wherein it cancelled the liquor license for the retail sale of IMFL and CL for consumption standing in the name of the late Mr. Joaquim C. Souza Ferrao, who being the resident of Calcondem, Margao-Goa.