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2015 DIGILAW 945 (RAJ)

VILLAGERS OF VILLAGE, JIROTA v. RAJASTHAN STATE INDUSTRIAL DEVELOPEMT AND INVESTMENT

2015-04-28

ATUL KUMAR JAIN, SUNIL AMBWANI

body2015
JUDGMENT 1. We have heard learned counsel appearing for the petitioner. 2. By this writ petition, filed in public interest, the petitioner has prayed for a writ of mandamus, restraining the respondent-authorities to allot Khasra No.187, measuring 0.95 hectare, to any industry. 3. It is submitted that Khasra No.187 is recorded in the name of the Jaipur Development Authority in the category of 'Gair Mumkin Talai'. The land has been allotted to the Rajasthan State Industrial Development and Investment, which is going to allot the same for the purposes of industrial development. The Gram Panchayat has passed a resolution, protesting the use of land for industrial purposes. 4. The petitioner has not made any representation to the respondent-authority, before approaching the Court. A writ of mandamus, to any public authority, is not maintainable, unless a demand is made for performance of the statutory duty. The protection of the environment is a matter of serious concern, but that, no one is ordinarily permitted to file a writ petition either in personal or public interest, unless he approaches and invites attention of the public authority at the first instance, to his demand. 5. The writ petition is dismissed, with liberty to the petitioner to make a representation, and thereafter approach the Court.