Transfer of FL II licence obtained by fraud – Nullity in the eye of law
On 1.4.2015, the Government of Maharashtra had declared the entire district of Chandrapur as “Dry District” and for closure of all liquor vending licences. Liberty was given to the FL II and CL III licensee for transfer to other districts excluding Wardha and Gadchiroli districts.
By the order dated 18.7.2018, the application dated 18.9.2017 of the petitioner no.1 for transfer of his licence from Chandrapur to Pune was granted. He had executed Power of Attorney authorising another person to act on his behalf.
Taking undue advantage of PoA, fabricating documents and impersonating the petitioner no.1, the respondent no.1 got the said license transferred in the name of respondent nos.4 and 5.
After inquiry and by the order dated 5.4.2024, the Collector, Pune, had cancelled the transfer and recalled the earlier order dated 17.8.2022.
However, the appeal of the respondent nos.4 and 5 was allowed. The revision of the petitioners against the said order was dismissed by the State Government.
HELD, on verification of the record, that the original inquiry at the time of processing transfer application shows fundamental procedural lapses in verifying the identity of the applicant. The report of the Deputy Superintendent of Excise shows that several crucial documents filed by respondent nos.4 and 5 for licence transfer were not genuine and appeared to be forged and fabricated.
It is trite law that any administrative order obtained by fraud is a nullity in the eye of law and liable to be recalled once fraud is established. The principle of “fraud vitiates all” is well settled in Indian jurisprudence. An act founded on fraud has no legal sanctity and cannot be permitted to sustain itself in law.
Judgment dated 25.3.2025 of the High Court of Bombay, Bench at Nagpur, in Writ Petition No.1812 of 2025 of Ramesh Bapurao Padmawar and another Vs. The State of Maharashtra and others
