PRAKASH SHUKLA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) this appeal arises out of a judgment and order dated 23.9.1997 passed by a Division Bench of the Rajasthan High Court in D.B.C.W.R No. 5390 of 1990 whereby and whereunder the said learned Court dismissed a public interest litigation intiatiated at the instance of the appellant herein.

(2.) The appellant is a social worker. According to him, the land in question is a Government land; there existed a public well; the water of the well was being used by public at large for drinking as also for other purposes; and the 6th respondent herein allegedly encroached upon the said land and constructed a hall.

(3.) The High Court dismissed the writ application, inter alia, on the ground that the question as to whether the land in dispute vested in the Municipal Corporation or the same had been settled in favour of the 6th respondent by the Maharaja of Jodhpur as claimed by him, is a matter which can be resolved only by a civil court in a properly instituted civil suit, as the controversy can be resolved only by taking evidence which would not be possible in a proceeding under Art. 226 of the Constitution of India.