Ratna Rathore (Smt.) vs State of Rajasthan and Others

Arun Mishra, C.J.—Heard counsel for the parties. The intra-Court appeal has been preferred as against the order dt. 06.04.2009 passed by the Single Bench in S.B. Civil Writ Petition No.6976/ 2008.

The appellant was granted retail outlet by the Bharat Petroleum Corporation Limited, however, on a complaint being filed by the respondent No.3, N.O.C. was cancelled vide order dt. 27.03.2008, against which an appeal was preferred which has been allowed by the Divisional Commissioner on 05.03.2009 and the matter has been remanded back to the Collector to decide the matter with respect to grant of N.O.C. to the petitioner afresh in accordance with law. The stand of I.O.C. was that the petitioner as well as respondent No.3 can be permitted to continue the retail outlet. It was the stand of respondent No.3 that he wanted to withdraw his complaint lodged with respect to grant of N.O.C. to the petitioner pending before the Collector.

Single Bench has observed that subsequent event which has taken place cannot come in the way of consideration of the matter by the Collector. Prayer was made to dispose of the writ application in terms of the order passed on the application under Article 226(3) of the Constitution of India. Accordingly, the writ application was disposed of along with the application filed under Article 226(3) of the Constitution of India. Aggrieved by the order, the intra-Court appeal has been preferred.

Mr. R.D. Rastogi, Counsel appearing on behalf of appellant has submitted that in case respondent No.3 stands on the statement made that he does not want to pursue the matter and wants to withdraw the complaint with respect to grant of N.O.C. to the petitioner, the Collector may be directed to decide the application.

To this prayer, learned counsel appearing on behalf of respondents have no objection. Counsel for the respondent No.3 has stated that respondent No.3 goes by the statement made before the Single Bench that he is not going to press the objection before the Collector with respect to grant of N.O.C. to the petitioner. The statement is placed on record.

Let the Collector to consider the matter in accordance with law and decide the question of grant of N.O.C. to the appellant within a period of three months from the date of receipt of certified copy of this order. The appeal is, accordingly, disposed of. Stay application also stands disposed of.