Raj. Petroleum Dealers Asso vs Union Of India & Ors on 4 May, 2009

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Rajasthan High Court - Jodhpur

Raj. Petroleum Dealers Asso vs Union Of India & Ors on 4 May, 2009

Bench: H.R. Panwar

                                                                         1
                                                   S.B.C.W. NO. 4653/07
     Rajasthan Petroleum Dealers Association Vs. Union of India and Others.


  IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR

                              ORDER

    S.B.CIVIL WRIT MISC. PETITION NO. 4653/2007

            Rajasthan Petroleum Dealers Association
                              Vs.
                   Union of India and Others.

              Date of Order          ::     04.05.2009

             HON'BLE MR. JUSTICE H.R. PANWAR

Mr. P.S.Bhati, for the petitioner.
Mr. Vijay Bishnoi }
Mr. Arun Bhansali } for the respondents.


BY THE COURT

Learned counsel for the petitioner submits that by the instant writ petition marker system has been challenged by the petitioner.

Learned counsel for the respondents submits that the marker system has not been extended by the respondents beyond 31.12.2008 and therefore, to this extent nothing survives in the writ petition. However, learned counsel for the petitioner submits that by a notification the marker test has been withdrawn by the respondents.

Be that as it may, the entire writ petition relates to 2 S.B.C.W. NO. 4653/07 Rajasthan Petroleum Dealers Association Vs. Union of India and Others. the marker test conducted by the respondents at the retail outlet of the members of the petitioner association and therefore, since the marker test is no more in existence, in my view, nothing survives in the writ petition and the writ petition has become infructuous.

The writ petition is therefore, dismissed as having become infructuous. However, the petitioner seeks liberty to pursue the remedy if the members of the Association have suffered any loss by conducting the marker test by the respondents. It is always open for the petitioner to pursue the remedy if provided under law.

(H.R. PANWAR), J.

Rp 3 S.B.C.W. NO. 4653/07 Rajasthan Petroleum Dealers Association Vs. Union of India and Others. S.B.Civil Misc. Stay Petition No.3029/07 In S.B.Civil Writ Petition No. 4653/2007 Date of Order : 04/05/2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. P.S.Bhati, for the petitioner. Mr. Vijay Bishnoi } Mr. Arun Bhansali } for the respondents.

Since the writ petition itself has been dismissed as having become infructuous, the stay petition also stands dismissed.

(H.R. PANWAR), J.

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Rajasthan High Court - Jodhpur