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2008 DIGILAW 1220 (RAJ)

Vishram Jat S/o Shri Narayan Jat v. State of Rajasthan Through its Secretary, Revenue Department, Secretariat, Jaipur

2008-05-05

MOHAMMAD RAFIQ, NARAYAN ROY

body2008
JUDGMENT 1. - Heard learned counsel for the petitioner. 2. This PIL application has been filed with oblique purpose by the writ petitioner challenging the quasi judicial order passed by the Commissioner, Jagir and Khudkasht Department, Rajasthan, Jaipur in favour of the respondent no.3. 3. The writ petitioner is aggrieved by the order passed by the respondent no.2-Commissioner, Jagir and Khudkasht Department, Rajasthan, Jaipur. It is submitted that the respondent no.2 had no jurisdiction to settle the land in favour of the respondent no.2 as the land pertained to pasture land. 4. It appears from the writ application that respondent no.3 approached this Court by way of writ application for allotment of specific land. The writ application, however, was disposed of with a direction to the authorities to dispose of the application of respondent no.3 for allotment of Khudkasht land according to the relevant rules and law. The respondent no.2 pursuant to direction of this Court, disposed of the application filed by the respondent no.3 by the order impugned. The order impugned appears to be appealable/revisable, and without exhausting the remedy aforesaid, this PIL application has been filed to set aside the quasi judicial order. 5. This PIL application, in our view, should not be entertained by this Court against quasi judicial order. The attempt made on behalf of the petitioner to set aside the order passed by the respondent no.2 allotting the land in question in favour of the respondent no.3, therefore, appears to be highly motivated and we do not find any element of public interest. These types of PILs should not be encouraged by this Court for an oblique purpose and for self interest. 6. This PIL application is accordingly dismissed with cost of Rs.5,000/-. The cost so realised will be deposited with the Rajasthan State Legal Services Authority.PIL Dismissed with Costs of Rs. 5,000/- *******