Varadarajan, J. - (1.) This appeal by special leave is directed against the judgment of a Division Bench of Delhi High Court dismissing the Civil Writ Petition No. 2581 of 1981 in limine, with the observation that the Circular dated 31-8-1981 issued by the second respondent, the Joint Chief Controller of Imports and Exports, New Delhi appears to change the Import Policy, that the contention that the condition mentioned in the order impugned in the Writ Petition is not found in paragraph 138 of the Import Policy for 1981-82 is not acceptable, that a reading of paragraph 138(1) of the Import Policy shows that the Import replenishment (REP) Licence, if transferable and an endorsement is sought thereon, must be with regard to the materials mentioned in the (REP) Licence and not any other material and that the contention of the first respondent, the Union of India that the endorsement could only be against the export by the applicant himself is correct.
(2.) The appellants have filed the Writ Petition No. 802 of 1982 under Article 32 of the Constitution against the same three respondents and for the same reliefs prayed for in the Civil Appeal viz. (1) quashing the Circular dated 31-8-1981 issued by the Joint Chief Controller of Imports and Exports, New Delhi as being ultra vires and null and void, (2) directing withdrawal of the order dated 7-12-1981 of the third respondent, the Deputy Chief Controller of Imports and Exports, Amritsar, refusing to make the endorsement on the (REP) Licence, (3) issuing a direction to respondents 2 and 3 to make the endorsement contemplated in paragraph 139 of the Import Policy, 1981-82 on the (REP) Licence and (4) restraining respondents 2 and 3 from implementing the Circular dated 31-8-81 and the order dated 7-12-198l.
(3.) The parties will be referred to in the Civil Appeal as arrayed in the writ petition before the High Court for the sake of convenience.;