Judgment Bhaskar Bhattacharya, J. In this writ application, the writ petitioner has challenged the orders passed by the learned District Magistrate and Collector, Darjeeling refusing the prayer of the petitioner for grant of licence for sale of country spirit. 2. There is no dispute that one Anil Krishna Bhattacharjee, the cousin brother of the present petitioner, since deceased, was holding a licence in his personal name for sale of such country spirit. The said Anil Krishna died intestate leaving two brothers who nominated the present petitioner, a cousin brother, for obtaining such licence. 3. By the order impugned herein the concerned respondent has rejected such application on two fold grounds. The first ground assigned by the respondent is that the grant of licence at the site mentioned cannot be considered as the said site has ceased to be a sanctioned site as per proposal for the year 1994-95 due to serious law and order situation. The other ground disclosed is that the petitioner being a cousin brother of the deceased licensee has no locus standi to obtain such licence. 4. Mr. Kundu, the learned counsel appearing on behalf of the petitioner has referred to Rule 209 of the Bengal Excise Rules under section 86 of the Bengal Excise Act and has contended that in order to get a transfer of the licence on the death of a licensee the applicant need not be a legal heir. According to Mr. Kundu, if all the legal heirs consent to grant of such licence in favour of a particular person, such person can get the licence notwithstanding the fact that he is not one of the heirs. 5. For appreciating the aforesaid contention of Mr. Kundu, Rule 209 is quoted hereunder:- "Transfer of licence on death of licensee.-On the death of a licensee, the Collector may renew the licence on the same terms in favour of a representative of the deceased, if he be satisfied that such representative is fit to hold it, and on the condition that any arrears due from the deceased licensee are recovered before the licence is so renewed. In such case fresh deposit shall be called for from the new licensee provided that advance licence fee need not be collected afresh from a licensee under the system of settlement by auction." 6. In such case fresh deposit shall be called for from the new licensee provided that advance licence fee need not be collected afresh from a licensee under the system of settlement by auction." 6. In my opinion, the word "representative" mentioned in Rule 209 in a case where the licensee was holding such licence individually in his personal name means legal representative of the deceased either as an heir or as legatee. 7. Mr. Kundu strenuously contended that the legislature has deliberately not used the words 'heirs' or 'legal representative' so that even a third party can be a transferee licensee, on the death of a deceased licensee. Mr. Kundu contends all that the said rule requires is that the heirs must agree that such representative would get a licence. 8. I am unable to accept such contention. In my view, the word 'representative' has been used in the said rule for the simple reason that a licence can be applied not only on behalf of an individual but also on behalf of partnership firm, or Company. In case where a Company or a firm has applied for such licence, such application is to be verified by somebody on behalf of such Company or firm, who may be either Managing Director or Chief Executive Officer and licence is given in his name on behalf of the Company or firm. [See Form II under Rules 9 and 10 of West Bengal Excise (Selection of new sites and Grant of Licence for Retail Sales of Spirit and Etc.) Rules, 1993]. 9. Therefore, in such cases if the actual applicant in whose name the licence stands dies, the succeeding Managing Director or Chief Executive Officer can apply for transfer of the licence on behalf of Company or partnership firm with the consent of other partners or directors. In such cases, the new applicant need not be an heir of the deceased. But in a case, where the deceased licence holder was holding such licence in his individual capacity, such licence can be transferred only in favour of his heirs or legal representatives or if all of them agree to the grant to anyone of them, in that case, to such person. The executor of such deceased can also come forward with an application for transfer of the licence in his favour as executor of the deceased licence holder. 10. The executor of such deceased can also come forward with an application for transfer of the licence in his favour as executor of the deceased licence holder. 10. In the instant case, the deceased having died leaving two brothers by full blood, a cousin brother cannot be an heir at all. Therefore, even if the heirs give 'no objection' in favour of the applicant, such third party cannot get an order of transfer of the licence which existed in favour of the deceased. Therefore, on that ground alone, the petitioner is not entitled to apply for transfer. Therefore, without going into other question viz. whether the proposed site has ceased to be a sanctioned site, 'this writ application can be disposed of on the ground that the petitioner is not entitled to get transfer of the licence as he is not one of the heirs of the deceased nor he is a legal representative of the deceased. 11. The writ application is therefore dismissed. No costs. Writ application dismissed.