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1976 Supreme(Del) 15

H.L.ANAND
JIWAT BAI AND SONS – Appellant
Versus
G. C. BATRA – Respondent


Advocates Appeared:
B.V.DESAI, C.G.Suri, O.P.Varma, PARVIN KUMAR, R.H.Dhebar

H. L. Anand, J.

( 1 ) JIWAT Bai s husband s father had a vending contract with Railway from 1920 to until his death in 1932 in Pakistan. Contract was then transferred to her husband which continued with him even after migration to India and till he died in 1961. After that it was transferred in the name of petitioner and was renewed from time to time. Last agreement was of 16. 11. 72 and it was signed by her son Hiralal. It was to expire on 31. 7. 74. By policy letter of 24. 7. 74, it was decided to renew licenses of individual, as distinct from contractors, without calling applications. On 26. 7. 74, petitioner was told that it was decided not to renew her license. After a temporary period, petitioners contract was terminated by letter dt. 22. 11. 76. Writ petition was filed on 28. 11. 74. During its pendency, there was a policy change per letter dt. 24. 2. 75 by which refugees were exempted from operation of current policy. The respondents raised a preliminary objection that the petition is by M/s Jiwat Bai and Sons while petitioner had stated herself to be a widow and at places in the application petitioners is mentioned and hence there is no proper petition. That the agreeme





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