AAM JANTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioners are seeking directions to the respondents to remove the encroachment from the approach road to carcass ground (Hadda Rodi) situated at outskirts of village Jasana, Tehsil Nohar.

(2.) Precisely, the case out by the petitioners is that there exists a carcass ground ad measuring 135 ft. x 135 ft. situated at the outskirts of village Jasana Tehsil Nohar in respect whereof a patta was issued by Gram Panchayat on 20/7/11. The private respondents herein encroached over the approach road to carcass ground. On account of the approach road being encroached upon, now the carcasses are left in other open places causing bad smell in the locality and therefore, a resolution was adopted by Gram Panchayat, Jasana to remove the encroachment and get open the way to carcass ground. The Sub Divisional Officer; Nohar also issued directions in this regard to the Vikas Adhikari, Panchayat Samiti, Nohar vide communication dtd. 16/8/19. The residents of the village made representation to the District Collector, Hanumangarh and other higher authorities but to no avail. Hence, this petition.

(3.) A reply to the writ petition has been filed on behalf of the State as also by the private respondents taking the stand that the petitioners are guilty of concealment and suppression of material facts. It is submitted that the private respondents herein-Rameshwar Lal and others filed a civil suit being Civil Original Suit No. 151/19 in the Court of Civil Judge, Nohar, District Hanumangarh, seeking directions to the official respondents to transfer the carcass ground from the present residential area to any other place. They have also filed an application seeking temporary injunction under Order 39 Rules 1 and 2 CPC to restrain the official respondents from reopening the gate of carcass ground situated in Ward Nos. 13 and 14 of village Jasana. The petitioners herein filed an application under Order 1 Rule 10 CPC for impleading them as party defendants in the suit, which was rejected vide order dtd. 11/9/19. Aggrieved thereby, the petitioners preferred a writ petition being S.B.C. Writ Petition No. 13885/19 - Hardutt and Ors. v. Civil Judge, Nohar and Ors., which is pending consideration before this Court. It is submitted that having failed to obtain the stay order in the writ petition pending before the learned single Judge, the petitioners have filed present writ petition (PIL). The contention of the respondents is that the petitioners have not approached the Court with clean hands and are apparently guilty of concealment and suppression of material facts and therefore, the present PIL filed by the petitioners abusing the process of law deserves to be dismissed with exemplary costs.