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TMI Blog2021 (11) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. X X X X Extracts X X X X X X X X Extracts X X X X ..... to file reply to the said application by which the writ petitioner/writ appellant herein has been deprived of filing reply to the said application, as right to file reply to the application for vacating stay was important right of the writ appellant. He would further submit that furthermore, finding on merits of the case has been recorded by the learned Single Judge affecting the writ appellant's right in the writ petition having finality attached to it and thus the impugned order cannot be held to be a purely interlocutory order and as such, writ appeal would be maintainable in view of the decision rendered by the Supreme Court in the matter of Shah Babulal Khimji v. Jayaben D. Kania and another (1981) 4 SCC 8. He invited our attention towards paragraph 113 of the said report to buttress his appeal, wherein the meaning of a final judgment, a preliminary judgment and intermediary or interlocutory judgment has been delineated and their distinction have been brought out by their Lordships of the Supreme Court. 4. Mr. R.K. Gupta, learned counsel appearing for respondents No. 2 to 4/Railways, while supporting the submission of Mr. C. Aryama Sundaram, learned Senior Counsel for res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the proviso to Section 2(1) of the Act of 2006, however, it has been held that if the order vitally affects rights of the parties having bearing on the final adjudication of the case, then even though the order is interim, it cannot be termed as interlocutory order and writ appeal would lie. The Full Bench further held that appeal would also lie against those orders which cannot be undone at the time of final hearing and which have an element of finality attached to them, and the orders, effect of which cannot be undone at the time of final hearing, cannot be termed to be interlocutory orders and in such eventuality, appeal would lie against such orders. 8. In order to decide the plea as to whether the order is totally and purely interlocutory in nature or whether it would be an appealable order in terms of paragraph 45 of the judgment of the Full Bench of this Court in Ajay Gupta (supra), it is quite vivid to note that in the present case, in the writ petition filed by the writ appellant herein questioning the In Principle Approval (IPA) dated 8-4-2021 for the proposed construction of Green Field Private Freight Terminal (PFT) granted by respondents No. 1 to 4 in favour of r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay only on 28-9-2021. 7. Application for vacating stay was considered and decided on 28-9-2021. 10. It is well settled law that the whole object of pleading is to give fair notice to each party of what the opponent's case is, and to ascertain, with precision, the points on which the parties agree and those on which they differ, and thus to bring the parties to a definite issue. The purpose of pleading is also to eradicate irrelevancy. In order to have a fair trial it is imperative that the party should state the essential facts so that other party may not be taken by surprise (see Ram Sarup Gupta v. Bishun Narain Inter College AIR 1987 SC 1242). 11. Right to make pleading in a writ petition is more important than right to make pleading in a civil suit. Distinction between a pleading under the Code of Civil Procedure and a writ petition or a counter affidavit filed in a writ petition has been brought-out by their Lordships of the Supreme Court in the matter of Bharat Singh and others v. State of Haryana and others AIR 1988 SC 2181 in following words:- "While in a pleading, that is, a plaint or a written statement, the facts and not evidence are required to be pleade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um of traffic mentioned by the petitioner is exaggerated as the maximum number of rakes loaded in a month of March, 2021 was 239 and with the entire including of back loading it comes to 412 rakes. It is also stated in the reply that the train operation would be purely a technical subject and the railway administration will accommodate the petitioner's traffic if the respondent No. 5 is allowed to use the line. Meaning thereby if at all respondent No. 5 is allowed to use the line then in such case they will be able to handle the traffic and the traffic of the petitioner shall be given preference. After looking into the map of the railway line and the siding, it shows that after 9.3 Km apart from one existing diversion to the factory of the petitioner, Freight Terminal which is to be set up by Shree Cement is towards the left side and the existing line to the Ultratech Hirmi Plant and Rawan Plant is on the right side. The fact cannot loose sight in teeth of agreement that if with the passage of time in future if number of plants increases and freight terminals are intended to be set up from Hathband Station, it cannot be presumed that for each Freight Terminal for different pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hek Manu Singhvi, learned Senior Counsel, on the question of admission of writ appeal. 17. After hearing learned Senior Counsel for the writ appellant, after going through the record and considering the finding recorded and further considering the submissions of learned Senior Counsel for the writ appellant, we are of the considered opinion that the writ appeal is arguable on merits and accordingly, it is admitted for hearing. 18. Issue notice to the respondents. 18.1. Copy of the memo of writ appeal and annexed documents be served upon Mr. Ramakant Mishra, Assistant Solicitor General of India, who appears for the Union of India/respondent No. 1. 18.2. Mr. R.K. Gupta, learned counsel, accepts notice for respondents No. 2 to 4/Railways. Let three extra sets of the memo of writ appeal and annexed documents be served upon him within seven days from today. 18.3. Mr. D.L. Dewangan, learned counsel, assisting learned Senior Counsels Mr. C. Aryama Sundaram and Mr. Abhishek Sinha, accepts notice on behalf of respondent No. 5. Let an extra set of the memo of writ appeal and annexed documents be served upon him within seven days from today. I.A. No. 1/2021, application for grant of ad- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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