JUDGMENT 1. - This special appeal has been preferred against the order dated 8th December, 2010 passed by the learned Single Judge while disposing of the writ petition. 2. The order dated 8th December, 2010 reads as follows "By this writ petition, a challenge has been made to Annexure-15 whereby certain information sought by petitioner was denied under the Right to Information Act, 2005 (for short "the Act of 2005"). Petitioner has preferred this writ petition without availing remedy as available to him under the provisions of Act of 2005. In the light of aforesaid, while dismissing this writ petition, the petitioner is given liberty to seek remedies as provided under the Act of 2005." 3. Learned counsel for the appellant-petitioner submitted that the learned Single Judge has decided the writ petition on an issue for which no relief was sought by the petitioner, as would be evident from the prayer made in the writ petition, which was with regard to challenge to the grant of the dealership for installation of petroleum pump to the respondent Nos. 7 and 8. 4. On examination of the prayer Clause, which reads as follows: (i) "By an appropriate writ order or direction this Hon'ble Court may call for the entire record pertaining to the selection of grant of dealership for installing petrol pump/ retail outlet in pursuance of the advertisement dated 13.07.2009 (annexure 1) on Chaksu to Kotkhawda road. (ii) By an appropriate writ order or direction this Hon'ble Court further pleased to held declare illegal, the selection process of respondents No. 4 and 5 regarding dealership of retail outlet. (iii) By an appropriate writ order or direction this Hon'ble Court further pleased to examine the entire record and further pleased to quashed and set aside the whole process of selection of respondents No. 4 and 5 with regard to retail outlet dealership. (iv) By an appropriate writ order or direction this Hon'ble Court further pleased to direct the respondents to select the petitioner for being allotted retail outlet on Chaksu to Kotkhawda Road. (v) Any other appropriate order or direction which the Hon'ble High Court thinks just and proper." 5. We find substance in the submission of the learned counsel for the appellant-petitioner and are inclined to remand the matter for decision afresh.
(v) Any other appropriate order or direction which the Hon'ble High Court thinks just and proper." 5. We find substance in the submission of the learned counsel for the appellant-petitioner and are inclined to remand the matter for decision afresh. Taking note of the fact that the learned Single Judge had decided the writ petition by the above quoted order dated 8th December, 2010 at the very threshold without notice to the respondents, we are deciding the appeal without notice to the respondents. Accordingly, we set aside the order dated 8th December, 2010 and remand the matter to the learned Single .Judge for consideration of the submissions with regard to the relief sought in the petition on merits. 6. Accordingly, the impugned order is set aside and the matter is remanded to the learned Single Judge for decision on the writ petition on merits afresh in accordance with law. 7. Learned counsel submits that there is urgency in the matter, inasmuch as the respondent Nos. 7 and 8 in collusion with the respondent Nos. 4 and 5 are proceeding in a hasty manner with the constructions and installation of the petroleum pump. 8. We refrain from passing any order with regard to the interim relief without expressing any opinion on the merits of the matter, which shall be considered by the learned Single Judge and instead direct that the writ petition bearing No. 9983/2010 be listed before the learned Single Judge on 17th January, 2011. 9. The special appeal and the stay application stand disposed of as aforesaid.Appeal Disposed of. *******