FONSECA PRIVATE LIMITED Vs. L C GUPTA

JUDGEMENT

(1.) This is an appeal by certificate from a judgment of the Delhi High Court in a writ petition filed by M/s. Fonseca Pvt. Ltd. and others challenging an order made by Shri L. C. Gupta, Deputy Secretary to the Government of India, Ministry of Works and Housing, purporting to have been made under Rule 155 of the Defence of India Rules read with Section 3 (48) of the Defence of India Act, 1971 directing the said company and others who "may be in occupation", to vacate the building known as 1, Man Singh Road, New Delhi, within seven days from the date of the notice. The writ petition was dismissed by the High Court.

(2.) It is not necessary to state the facts in detail. In our opinion the matter could be disposed of on one ground and it was wholly unnecessary for the High Court to have decided the other points which were raised before it.

(3.) The impugned order dated December 18, 1971 which was addressed to M/s. Fonseca Pvt. Ltd. through its Directors and to other persons mentioned in the order is as follows:-