NIVEDITA SONI Vs. YOGESH KUMAR AGRAWAL

JUDGEMENT

(1.) The appeal arises from an interim order passed by the learned Single Judge of this Court in Writ Petition (C) No.3633 of 2019 on 04.10.2019 whereby further steps with regard to the installation of a Petroleum outlet by the Appellant, based on the clearance given from the different segments came to be interdicted.

(2.) When the matter came up for consideration before this Court on 14.11.2019, we raised a doubt as to whether the appeal was maintainable, by virtue of statutory bar under proviso to Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006. The learned counsel for the Appellant pointed out that the writ Petitioner was absolutely having no locus standi to file the writ petition; that it was belated by more than five years; that no prejudice was caused to him; that he was not an applicant for granting the outlet and that the writ petition was filed only to stall the proceedings with malicious intention, as he was running another retail outlet, nearby. So far as the Appellant was concerned, huge investment was made based on the 'Letter of Intent' and Petroleum products have been purchased and brought to the unit, which is stored there; which apart from affecting the economic base of the Appellant, who has borrowed huge amounts from different corners, also affects the safety and security.

(3.) The learned counsel mentioned that as far as the Appellant is concerned, though the interim order was sought to be vacated by filing I.A. No.02 of 2019, the same was not taken up for hearing and has been simply adjourned; which virtually makes the interim order final. It is in the said circumstance, that the Appellant has moved to this Court by filing the appeal. In view of the said submission, we wanted to ascertain the course and events in the light of the law declared by a Full Bench of this Court in Writ Appeal No.255 of 2016 explaining the scope of the proviso to Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 and the Registry was directed to have the writ petition also to be listed along with the appeal. It is accordingly, that both the mattes are listed for consideration.