YASH GUPTA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. CANE AND SUGAR INDUSTRIES LKO. AND 12 OTHERS
WRIC/10398/2025 · 2025-11-10
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199110 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199110 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10398 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioners assail the order dated May 31, 2025, passed by respondent No. 3, being the Licensing Authority/ Deputy Sugar Commissioner, East, Central Zone, Lucknow, whereby the application of the petitioners to be inducted into the partnership firm has been rejected on the ground that the other existing partners have opposed the induction of the legal heirs.
3. It is to be noted that in the impugned order, the authority has not taken into consideration the partnership deed, wherein clause 18 provides as follows:-
"18. That the death or retirement of any partner shall not entail the dissolution of the firm which may continue with the legal heirs or heirs of the deceased or remaining partners."
4. We are of the view that the respondent No.3 should have examined this clause also before passing the impugned order solely on the basis of the provisions of the Indian Partnership Act, 1932.
5. In light of the same, the impugned order is quashed and set aside with a direction upon the authorities concerned to grant a further opportunity of hearing to the petitioner and the private respondents, Versus Counsel for Petitioner(s) : Prem Kumar Singh Counsel for Respondent(s) : C.S.C., Vishnu Pratap Singh Yash Gupta And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Cane And Sugar Industries Lko. And 12 Others .....Respondent(s)
and thereafter, pass a reasoned order in accordance with law.
6. With the above direction, the writ petition is disposed of.
7. The entire process should be completed within a period of twelve weeks from date. November 10, 2025 cks/- WRIC No. 10398 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench