RAMSWAROOP BAGARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard, Mr. Ashok Misra, learned counsel for the petitioner. This is a public interest litigation at the instance of the petitioner seeking certain prayers in the nature of mandamus to issue directions to the respondents State of Rajasthan, Collector, Jaipur, Municipal Corporation, Jaipur and Health Officer and Incharge of the Compost Plant of Municipal Corporation, Jaipur. The writ petition has been filed with the following prayers :-

(2.) It is clearly stated in the writ petition that the writ petition has been filed on the basis of the newspaper report. It is settled law that a writ petition on the basis of the newspaper report cannot be maintained. In Laxmi Raj Shetty v. State of Tamil Nadu, (1988 Cri LJ 1783) the Supreme Court held that the facts stated in the newspaper are hearsay in the nature and the same are inadmissible unless maker of statement is examined and that judicial notice of the facts stated in the newspaper cannot also be taken. A newspaper is not one of the documents referred to in S. 78(2) of the Evidence Act by which the allegation of fact can be proved and that the presumption of genuineness attached under S. 81 of the Evidence Act to a newspaper report cannot be treated as proof of the facts reported therein. A statement of fact contained in a newspaper is merely hearsay and therefore inadmissible in evidence in the absence of the maker of the statement appearing in Court and deposing to have perceived the fact reported. The Supreme Court has also referred to the earlier decision reported in the case of Samant N. Balakrishna v. George Fernandez AIR 1969 SC 1201.

(3.) As already noticed, the prayers made in the writ petition are in the nature of mandamus. It is settled law that before maintaining a writ petition in the nature of mandamus, the writ petition must be preceded by a notice of demand and refusal thereof. In the instant case, admittedly, no notice has been issued to any of the respondents demanding the prayers mentioned in the writ petition. Hence, the writ petition fails on this ground also and the same is dismissed. Petition dismissed.