A.M. Sapre, J. - (1.) THIS is an intra Court appeal filed by writ petitioner of W.P. No. 6646/2006 under Rule 134 of the Rajasthan High Court Rules against an order dt. 11.10.2007, whereby the learned Single Judge dismissed the writ petition of the appellant. So the question that arises for consideration in this writ appeal is whether the Single Judge was justified in dismissing the writ petition of appellant?
(2.) FACTS of the case are these. The appellant and respondent No. 5 applied for license to run fair price shop for the village 2 KLD Tehsil Gharsana, District Sriganganagar. On scrutiny, it was decided by the State Authorities to give license in question to respondent No. 5. The appellant feeling aggrieved by this decision of the State filed a civil suit before Civil Judge at Sriganganagar against the State and respondent No. 5. The suit was filed seeking a declaration and injunction against the defendants (respondents herein) to the effect that license be not granted to respondent No. 5. According to the appellant, the respondent No. 5 was not eligible to apply for the license in question because he was not the local resident of the area for which the license was applied for by the parties. The appellant also applied for grant of temporary injunction praying that license may not be issued in favour of respondent No. 5 during pendency of suit. The respondents contested the application for grant of temporary injunction and denied the material averment made in the application. The trial Court rejected the application and declined to grant temporary injunction to the plaintiff (appellant). The appellant feeling aggrieved filed an appeal to District Judge. The Appellate Court also dismissed the appeal and in consequence while declining to grant temporary injunction to the plaintiff, upheld the order passed by the trial Court. The appellant then did not take any interest in prosecuting the suit. It was dismissed for want of prosecution. The State Authorities then issued a license in favour of the respondent No. 5. The appellant then filed an appeal under the Rules before the Appellate Authority constituted for deciding the appeal of this nature. The Appellate Authority dismissed the appeal filed by the appellant. It is against this dismissal of appeal, the appellant filed the writ petition out of which this intra -Court appeal arises. The Writ Court (Single Bench) dismissed the writ petition, giving rise to filing of this appeal by the writ petitioner.
(3.) HAVING heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to dismiss this appeal as in our opinion, the Writ Court was right in dismissing the writ.;