UNION OF INDIA Vs. ISHWAR DEYAL JAIN

JUDGEMENT

(1.) By this appeal under Clause X of the Letters Patent of the Punjab High Court as applicable to this Court, the appeallant Union of India, seeks setting aside of the judgement passed on 7th April, 1983 by a learned Single Judge whereby the 'writ petition filed by Ishwar Dayal Jain anestablished exporter challenging the policy imposing prohibition on the export of peacock tail feathers was allowed.

(2.) The writ. petitioner's case brietly was that he was carrying on the business as an established exporter of peacock tail teathere for the last about 17 years under the name and style of M|s. Jain Traders at Sadar Bazar Delhi. The challenge in the writ petition was to a public notice bearing No. 32 ETC-PN| 80 issued on 27th June. 1980 whereby the export policy of peacock tail feathers and the articles made therefrom for the period April 1980 to March, 1981. had been declared by the Government of India, Ministry of Commerce. The said notice reads as follows: GOVERNMENT OF INDIA MINISTRY OF COMMERCE. New Delhi the 27th June, 1980. EXPORT TRADE CONTROL PUBLIC NOTICE NO. 32-ETC(PN)|80 Subject : Export policy for export of peacock tail leathers and articles made theref'rcm tor the period April 1980 March, 1981. Attention is invited to Export Policy of Peacock tail feathers as contained against S. No. 4(d) of policy statement on page 9 of Export Policy Book for 1980-81.

(3.) The grievance was that by this notice the established exporters of peacock tail feathers had been completely prohibited from exporting peacock-tail feathers. However, during the pendency of the writ petition another public notice was issued modifying the above notice. This was done after the ex parte ad interim order passed by the admitting bench had been sacrved op the respondents in; the writ petition. Thereupon the petitioner sought amendment of the writ petition so as to incorporate tile challenge to the second public notice issued on 17th July 1980.