The Acting Chief Justice held the writ appeal infructuous as the relevant authorities had already taken steps following the lower court's order, rendering further adjudication unnecessary.
Writ appeal dismissed. No costs.
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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE
AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT APPEAL NO.1395 OF 2012
DATED:9.11.2012
Between: Sri Jayanth Kashikar … Appellant And The Government of India Rep. by its Secretary Ministry of Commerce and Industry Petroleum & explosives Safety Orgn. Central Secretariat, New Delhi and others … Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT APPEAL NO.1395 OF 2012
JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This writ appeal is directed against the order dt.3.9.2012 passed by the Hon’ble Single Judge, in W.P.M.P. No.23497 of 2012 in W.P. No.18349 of 2012.
The writ petition was filed by respondent No.7 in this appeal questioning the action of respondent Nos.2 and 3 in not taking steps by giving effect to Rule 152(1)(i) of the Petroleum Rules, 2002 (for short, ‘the Rules), against the running of retail outlet at 5-2-996, Jawaharlal Nehru Road, Hyderabad. In the miscellaneous application filed in the said writ petition, the Hon’ble Single Judge, after hearing the parties, by the impugned order, directed respondent Nos.2 and 3 to take steps on the representation filed by the writ petitioner by taking into account Rule 152(1)(i) of the Rules, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of the said order.
Being aggrieved and dissatisfied with the said order of the Hon’ble Single Judge, respondent No.7 in the writ petition has filed this appeal.
Heard the learned counsel for the parties and perused the material available on record.
It appears that pursuant to the impugned order passed by the Hon’ble Single Judge, an order has already been passed by
respondent Nos.2 and 3 on the representation of the writ petitioner. In view of that, in our opinion, this appeal has become infructuous. At this stage, we have also been informed that a writ petition has already been filed challenging the order so passed by respondent Nos.2 and 3 under Rule 152(1)(i) of the Rules.
In the circumstances, we find no merit in this appeal and the same is accordingly dismissed. No costs.
__________________________ PINAKI CHANDRA GHOSE, ACJ
_____________________ VILAS V. AFZULPURKAR, J 9.11.2012 bnr
Sri Jayanth Kashikar
Government of India Rep. by its Secretary Ministry of Commerce and Industry Petroleum & explosives Safety Orgn.
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
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