VINOD KUMAR CHAHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present revision petition filed under Article 227 of the Constitution of India, the petitioner being the defendant No.3 in the civil suit challenges the order dated 02.07.2020 (Annexure P-4) passed by the Additional Civil Judge (Sr. Division), Guhla, which was upheld by the Additional District Judge, Kaithal vide order dated 16.10.2020 (Annexure P-6). The challenge is mainly to the direction issued to the respondent No.2/defendant No.2 that the sub vend of the petitioner was not to be within 2.5 Kms of limits of Municipal Council, Cheeka.

(2.) Primary arguments as such which counsel for the petitioner has raised that the application under Order 39 Rules 1 & 2 CPC of the plaintiff/respondent No.3 had been dismissed, but directions as such have been issued to decide the application of the petitioner/defendant No.3, regarding the location of the sub vend. It is, thus, contended that the directions as such were not justified, specially since there was no such condition of 2.5 Kms distance from the revenue limits of Guhla-Cheeka, for opening of the sub-vend. Therefore, the Courts below had exercised jurisdiction not vested in them by law.

(3.) The said orders as such have been defended by the State and the plaintiff/private respondent No.3 on the ground that even on an earlier occasion in the suit filed by the petitioner, while deciding the application under Order 39 Rules 1 & 2 CPC on 29.05.2020 (Annexure P-10), the same had been dismissed on the same basis itself. The same had not been challenged, however, the suit thereafter had been withdrawn on 17.06.2020 (Annexure P-11), on the ground that the sub vend situated at village Matkalian had been approved. In such circumstances, no action as such was taken by the petitioner to re-locate the sub vend and, therefore, approval had never been granted at the site, where the sub vend is now located, which was away from the village, where the same was allotted. It is further submitted that the condition of 2.5 Kms had been inadvertently left out in two Zones No.ZKTL-26 and 31 of District Kaithal and, therefore, the petitioner was wanting to take advantage of the said inadvertent mistake. It was further submitted that the location of the sub vend had never been approved, since, it was only 200-300 meters away from the MC limits of Guhla-Cheeka and, therefore, directions had been rightly issued by the Courts below.