DHARAM CHAND Vs. DHARAM PAUL

JUDGEMENT

(1.) Both these intra Court appeals arise out of a common order dated 24.12.2004 passed by the learned Single Judge in OWP No.932/2002, by which the writ petition preferred by the deceased respondent No.1 has been allowed and the official respondents have been directed to incorporate the name of the deceased-respondent No.1 as co-licensee in place of Late Shri Dhirendra Brahmchari in the Arms license of M/S Shiva Gun Factory. In order to appreciate the appellant's grievance, relevant facts need mention, which are stated infra.

(2.) A Gun manufacturing license to manufacture one gun at a time was granted in favour of deceased Dharam Chand in the year 1950. On 20.09.1980, he was granted a fresh license as sole proprietor of M/S Shiva Gun Factory, Jammu Tawi to manufacture 3000 ML/BL Guns per annum. On 24.01.1982, name of Late Shri Dhirendra Brahmchari was added as a partner in the said license. However, in the license, no individual share of the each partner was reflected. Late Dhirendra Brahmchari died in a plane crash on 09.06.1994. The deceased respondent No.1 on the basis of a will, which was executed one day prior to the death of the deceased Dhirendra Brahmchari i.e. 08.06.1994 started claiming himself to be the legal heir of deceased Dhirendra Brahmchari and filed a petition for grant of probate/letter of administration on the basis of will, allegedly executed in his favour. The Court thereupon issued notice inviting objections. However, the notice inviting objections was got published in the local Urdu Newspaper "Such" and not in any leading Hindi or English Daily having circulation in Jammu and Delhi where Late Dhirendra Brahmchari had a fixed abode. Since no wide publicity was given to the notice inviting objections, no objections were preferred and letter of administration/probate was issued in favour of respondent No.1.

(3.) Thereupon the deceased Dharam Chand filed an application before the District Judge, Jammu seeking revocation of the letter of administration dated 02.11.1994 on the ground that no letter of administration could be granted in respect of arms license dated 20.09.1980, which stands in favour of the deceased Dharam Chand and deceased Swami Dhirendra Brahmchari had no transferable interest in it as the arms license is not an Estate. Application preferred by the deceased Dharam Chand was disposed of vide order dated 25.04.1995 with the following observation by the District Judge:-