Delhi High Court
Gautam Chand vs Govt. Of Nct Of Delhi And Ors. on 27 May, 2003
Author: B D Ahmed
Bench: B D Ahmed
JUDGMENT
Badar Durrez Ahmed, J.
1. This is a writ petition whereby the petitioner has sought for quashing of the Order dated 08.04.2003 passed by the respondent No. 2. The petitioner's firm under the name of M/s Lakhi Ram Rattan Lal, KOD was carrying on the business of kerosene under the license No. 3063/86 at 619, Ram Nagar, Loni Road, Shahdara, Delhi-110032. Shri Rattan Lal and the petitioner were the only two partners of the firm and the shares in the petitioner's business was in the ratio of 60:40 respectively. Sh. Rattan Lal died on 10.12.2002. Consequent upon the death of Shri Rattan Lal, in terms of the provisions of the partnership Act, the firm stood dissolved as the petitioner became the sole surviving partner. The impugned Order dated 08.04.2003 came to be passed in these facts and circumstances. By virtue of this Order, the 896 blue cards which were with the erstwhile firm of M/s Lakhi Ram Rattan Lal were temporarily linked with four other KODs till further orders. The petitioner is aggrieved by this order in as much as it is his contention that all the legal heirs of Shri Rattan Lal have given their NOC for the continuance of the KOD by the petitioner alone in place of the erstwhile firm of M/s Lakhi Ram Rattan Lal. It is the respondent's contention that all the heirs of Shri Rattan Lal have not given their NOCs. Secondly, they contend that they would also like to verify from the persons who have given their NOCs as regards the authenticity of the same.
2. Learned counsel for the petitioner has placed a copy of the judgment dated 20.10.1994 passed in the Guardianship case by the Guardian Judge, Delhi. That was a case in which Late Shri Rattan Lal had claimed guardianship in respect of his minor grand children. These grand children were the children of his son, Ramesh Chand, who had predeceased Shri Rattan Lal on 01.02.1982. From the judgment and the findings recorded therein, it appears that Shri Rattan Lal was not granted guardianship on account of the fact Smt. Kusum D/o Sh. Panna Lal, who was married to Sh. Rattan Lal's son, Ramesh Chand, had remarried one Sh. Ram Niwas on 27.05.1986 and that the minor children were living with the said Smt. Kusum and her new husband, Shri Ram Niwas. It is an admitted fact that apart from the four daughters of Shri Rattan Lal and the predeceased son, Ramesh Chand, there are no other children of Shri Rattan Lal. The four daughters of Shri Rattan Lal have already granted their NOCs in favor of the petitioner. Insofar as the son is concerned, it is pertinent to note here that he had predeceased Shri Rattan Lal and it is obvious that he could not be heir to Shri Rattan Lal.
3. In view of these facts and circumstances, it would be appropriate if the following directions are given:-
i) The respondent No. 2 to consider the application of the petitioner for running the KOD in place of the MOD run by the erstwhile form of M/s Lakhi Ram Rattan Lal.
ii) The respondent No. 2 will consider the said application and take decision in the matter within two weeks from today.
4. It is made clear that the only scope of consideration before the respondent No. 2 is to ascertain the factum in respect of the NOCs granted by the four daughters of Late Shri Rattan Lal. If a decision is taken in favor of the petitioner, then immediately upon such a decision, the Order dated 08.04.2003 shall be withdrawn and the original 896 blue cards will be linked with the petitioner in place of the erstwhile firm, M/s Lakhi Ram Rattan Lal KOD which has the license No. 3063/86.
With these directions, this writ petition is disposed of. Copy of the order judgment be given dusty under the signature of the Court Master.
