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As per case facts, the Petitioner sought to transfer a Fair Price Shop License from Respondent No.5 based on a Will Deed and a Partnership Deed, even though Respondent No.5
...was still alive. Government policies explicitly disallowed transfers based on Will Deeds. An initial ministerial order permitted the Petitioner's name to be added to the license through a partnership, with Respondent No.5's name later removed. This decision was subsequently challenged and reversed by another Minister, who restored the license to Respondent No.5, prompting the Petitioner to file the current Writ Petition. The question arose whether a Will Deed could be enforced while the testator was alive, and if a Partnership Deed could legitimately facilitate the transfer of an FPSL, effectively replacing the original licensee against established government policies. Finally, the Court held that a Will Deed is only operative upon the death of the author, rendering any claim based on it premature while Respondent No.5 was alive. Furthermore, an FPSL cannot be transferred or modified on the basis of a Partnership Deed to introduce new licensees or remove existing ones, as this contravenes the governing laws and policies. The Court upheld the decision to recall the earlier erroneous transfer order, affirming that the impugned order restoring the license to Respondent No.5 was legally sound, thus dismissing the Writ Petition.
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