SUDERSHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) On May 17, 1971, Sudershan Kumar Kalra filed this writ petition under Articles 226 and 227 of the Constitution praying that the following orders of the Collector of Excise, respondent No. 4, Lieutenant Governor, Union Territory of Delhi, respondent No. 2 and Commissioner of Excise, respondent No. 3 be quashed:

(2.) He has also prayed in clause (b) of the prayer clause that a writ in the nature of mandamus or any other writ or directive or order be issued directing that the L-2 licence as issued on September 1, 1956, referred to in the petition to M/s. Esplanade Bar and Restaurant and modified from time to time be deemed to be still operative and in vogue. The other respondents impleaded in the writ petition are Union of India, respondent No. 1, Hans Raj Kalra, respondent No. 5, Kishan Lal Kalra, respondent No. 6 and Jagmohan Kalra, respondent No. 7. The licence in question in the meantime was transferred in favour of Kishan Lal, Wine Merchants (P) Ltd. The petition was, therefore, amended and the Limited Company was added (in the first amended petition) as respondent No. 8.

(3.) On October 1, 1971, the petitioner Sudershan Kumar Kalra died. His widow, two sons, one of whom is a minor and three minor daughters thereupon applied to be impleaded as petitioners in place of the deceased. By order dated December 21, 1971, this application was accepted subject to just exceptions. The petition was, therefore, amended for the second time. The widow Shrimati Sheela Devi, two sons and three daughters of Sudershan Kumar are thus now the six petitioners in the present (second) amended petition dated January 11, 1972.