NITIN RASHMIKANT KANTAWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment of the Bombay High Court dated September 16, 1994 whereby the Writ Petition No. 225 of 1992 filed by the appellant has been dismissed.

(3.) The said Writ Petition relates to the enforcement of the "Delivery to Mail Order 1991" (hereinafter referred to as the 1991 Order) issued by the Director General of Posts and Telegraphs in exercise of the powers conferred by sub-section (3) of Section 21 of the Indian Post Office Act, 1898 (hereinafter referred to as the Act) vide notification dated May 29, 1991. The 1991 Order was issued to deal with the growing problem of delivery of mail the high-rise multistoreyed buildings that have come up as a result of vertical expansion of the large towns in the country. It provided for delivery of unregistered mail by the Post Office in the mail box of the addressee to be put at the ground floor of the building in which the addressee is located. By the impugned judgment, the High Court has upheld the validity of the said order. While the matter was pending in this Court, the 1991 Order has been superseded by the "Delivery of Postal Articles Order, 1996" (hereinafter referred to as the 1996 Order) which has also been issued by the Director General of Posts and Telegraphs in exercise of the powers conferred by sub-section (3) (of S. 21) of the Act vide notification dated November 24, 1995.