Markandey Katju, C.J.

1. This writ appeal has been filed against the order dated 2.11.2004, passed by he learned single judge, rejecting the interlocutory application for interim injunction filed by the appellant herein.

2. The appellant, who is running a petroleum retail-outlet in Pondicherry, filed the writ petition, challenging the grant of dealership to the fourth respondent herein by the second respondent. In the said writ petition, the appellant filed an interlocutory application for grant of interim injunction, restraining the respondents 2 and 4 from starting a retail outlet within one kilometer’s radius of his retail outlet. The learned single Judge dismissed the injunction application against which, the present appeal has been filed.

3. The Supreme Court in Mithilesh Garg v. Union of India , AIR 1992 SC 443, held that a rival businessman cannot file a writ petition, challenging the setting-up of a similar unit by another businessman, on the ground that establishing a rival business close to his business-place would adversely affect his business interest, even if the setting-up of the new unit is in violation of law. In Mithilesh case , cited supra, the Supreme