!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.9791/2008 (Navla Ram Choudhary Vs. U.O.I. & Ors.) Date of order :: 22.01.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.V.K. Vyas, for the petitioner. Mr.O.P. Mehta, for the respondents. Heard learned counsel for the parties. The earlier writ petition filed by the petitioner being S.B.C.W.P.No.7816/2008 (M/s Veer Gorkha Ram Filling Station, Ramdevra, District Jaisalmer Vs. Union of India & Ors.) was decided by this Court on 13th October, 2008, in which, the following order was made:- “It is submitted by learned counsel for the petitioner that respondents have passed an order to suspend the complete operation of the retail outlet with effect from 26.07.2008. The matter is still pending for final decision. The said suspension has been ordered after inspection of the retail outlet of the petitioner. The !! 2 !! respondents are bent upon to terminate the dealership of the petitioner. Therefore, the respondents are under obligation to decide his case in accordance with marker test vide Annex.-2 dated 14.02.2008. In my opinion, the prayer of the petitioner is genuine. Therefore, the respondents are directed to finally decide the case of the petitioner with regard to sale and supply of the commodities and opening of the outlet of the petitioner within a period of one month from the date of production of a certified copy of this order. While deciding the matter, the respondents shall particularly keep in view the minutes of the meeting dated 14.02.2008 (Annex.-2) along with the order issued by the State Government in exercise of the power conferred under Section 3 of the Essential Commodities Act which is Annex.-3. With the aforesaid direction/observation, the writ petition is disposed of.” Now this writ petition has been filed by the petitioner with the assertion that without deciding the matter in accordance with the above order, a notice Annexure-9 dated 24th October, 2008 has been issued. Upon above assertion an interim order was passed on 08th December, 2008 whereby effect and operation of the notice dated 24th October, 2008 (Annexure-9) was stayed. Today, the case is listed upon the !! 3 !! application filed under Article 226 (3) of the Constitution of India, in which, it is pointed out by learned counsel for the respondents that the order passed in earlier writ petition dated 13.10.2008 was to be complied with within one month from the date of production of certified copy of the order. Thereafter, upon application filed by the company, the time was further extended for a period of one month by this Court vide order dated 24th November, 2008, therefore, the impugned notice has been issued by the company and matter is still pending and now it is required to be decided by the respondents as per direction issued for deciding the matter within the stipulated time. Learned counsel for the respondents submits that petitioner has obtained interim order in this petition without disclosing fact of extension of time, therefore, on this ground this writ petition may be dismissed. Learned counsel for the petitioner submits that the impugned notice is in contravention of the earlier order passed by this Court and further it is pointed out by the petitioner that the order of extension of time was !! 4 !! not brought to the notice of petitioner by his counsel. It is also submitted that the notice given to the petitioner is not in consonance with the earlier order, therefore, impugned notice may be quashed. After hearing both the parties, I am of the opinion, that if any contravention of the order dated 13.10.2008 has been made by the respondents, then petitioner is required to take recourse of remedy provided under the Contempt of Courts Act, fresh writ petition is not maintainable. Accordingly, this writ petition is dismissed with the direction to the respondents to decide the matter as per the order passed in S.B. Civil Writ Petition No.7816/2008, dated 13th October, 2008 within a period of one month from the date of receipt of certified copy of this order. No order as to costs. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-