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2021 (11) TMI 1183 - CHHATTISGARH HIGH COURTApplication for vacating stay filed by respondent No. 5 herein granted - respondent are allowed to finalize the project of putting up a freight terminal at the risk and cost of respondent No. 5 - opportunity to file counter affidavit not allowed - violation of principles of natural justice - HELD THAT:- In view of the fact that the writ appellant could not have an opportunity to file counter-affidavit to the application for vacating stay filed by private respondent No. 5 which was his valuable right to file counter-affidavit of that application opposing it and to defend the interim order granted after hearing the parties by which he has suffered prejudice, and further taking note of the fact that the writ appellant had promptly served copy of rejoinder to the respondents on 28-9-2021 and findings as noticed above have been recorded on the merits of the matter which has vital bearing on the final adjudication of writ petition as respondents No. 1 to 4 have been allowed to finalise the project of putting up a freight terminal though at the risk and cost of respondent No. 5 and subject to final adjudication of the writ petition, we are of the considered opinion that the order impugned dated 28-9-2021 cannot be termed as a pure and simple interlocutory order within the meaning of proviso to Section 2(1) of the Act of 2006 and as such, the writ appeal cannot be held to be barred in terms of paragraph 45 of the judgment of this Court in AJAY GUPTA VERSUS STATE OF CHHATTISGARH AND ORS [2017 (1) TMI 1827 - CHHATTISGARH HIGH COURT] and consequently, the writ appeal is held to be maintainable and the preliminary objection raised in this behalf qua the maintainability of appeal, is hereby repelled.
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