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2025 DAILYLAW 89734 (ALL)

MITHLESH GUPT v. UNION OF INDIA AND 2 OTHERS

WRIC/29475/2025 · 2025-10-08

Ajit Kumar, Swarupama Chaturvedi

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29475 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Shri Amit Malik, learned counsel for the petitioner and Shri Vivek Kumar Singh, learned counsel appearing for the respondents. 2. By means of present petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 17.12.2024 by which his claim for transfer of license has been rejected until and unless he furnishes a succession certificate obtained from a court of law. 3. It is argued on behalf of the petitioner that petitioner has already placed a family certificate issued by the Additional District Magistrate (Finance & Revenue), Lalitpur dated 29.11.2023 and in the absence of any contest thereto, respondents ought to have relied upon the same. 4. Per contra, it is argued by Mr. Vivek Kumar Singh, learned counsel appearing for the respondents that the certificate which is claimed by the petitioner to be a succession certificate is as a matter of fact not a succession certificate for succeeding any property as such, rather it is for the purposes of the financial assets and that too valid for a valuation of Rs.5,000/-. According to him, this certificate issued by the Additonal District Magistrate concerned cannot be equated with a succession certificate which a person is to obtain from a court of law under the Indian Succession Act, 1925. 5. Having perused the order impugned and the family certificate issued by the Additional District Magistrate (Finance & Revenue), Lalitpur, we are Versus Counsel for Petitioner(s) : Amit Malik, Bramhapal Malick Counsel for Respondent(s) : A.S.G.I., Vivek Kumar Singh Mithlesh Gupt .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) of the considered view that the certificate issued by the concerned Additional District Magistrate (Finance & Revenue) is nothing but a certificate with regard to the family details only in respect of some movable financial assets that too upto Rs.5,000/-. The succession which is required for the purposes of transfer of license at the end of respondents is a succession certificate to be issued by a court of competent jurisdiction and by paragraph-5, the order impugned, it has been provided that if the petitioner obtains such succession certificate, he can apply afresh for transfer of license. 6. In the circumstances, we do not find any manifest error in the order impugned passed by the Authority dated 17.12.2024. 7. Accordingly, we dispose of this petition with a direction to the petitioner to first seek a decree of succession from a court of competent jurisdiction and in the event he obtains a succession decree from a competent court and moves a fresh application before the concerned respondent for transfer of license, his application shall be considered positively, however, in accordance with law and be disposed of within a further period of two months of presentation of decree. October 9, 2025 Shiv WRIC No. 29475 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad