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2004 DIGILAW 1406 (RAJ)

Shyam Kumar v. State of Rajasthan

2004-09-27

N.K.JAIN, N.N.MATHUR

body2004
JUDGMENT 1. 1. By way of instant petition under the label of Public interest litigation, the petitioner claiming himself Lo be a social worker seeks direction to restrain the respondents from converting the subject land for residential purpose on the ground that there is a wall in the catchment area of the pond on Banswara-Jaipur road known as Daylab Talab. 2. A counter has been filed by the respondents supported by an affidavit of Shri Sayyed Mukhtiya Ahmed. It is stated that the controversy involved in the instant petition was raised by the Government before the Revenue Board which has been concluded by the judgment of the Board of Revenue dated 31st January, 2003. A writ petition against the said order has also been dismissed by the order of the learned Single Judge dated 2.9.2003 rendered in S.B. Civil Writ Petition No. 4806/2003 and alike petitions. It is held therein that the subject land has not been a tank bed since 1940-41. it is submitted by the learned counsel that the petitioner was not a party in the said writ petition. 3. In view of this, we cannot permit to challenge the order of the learned Single Judge by a stranger under the name of Public Interest Litigation. It is a case of gross abuse of public Interest Litigation.No interference is warranted by this Court in exercise of powers under Article 226 of the Constitution of India.The petition stands dismissed.Writ Petition Dismissed. *******