LAWS(RAJ)-2003-7-128

BANWARI LAL Vs. STATE OF RAJASTHAN AND OTHERS

Decided On July 28, 2003
BANWARI LAL Appellant
V/S
State of Rajasthan And Others Respondents

JUDGEMENT

(1.) In this writ petition the arguments were heard on 7th of May, 2003 and the same were concluded. The matter was placed today for dictation of judgment. The counsel for the petitioners is not present. Heard further arguments advanced by Shri K.N. Gupta, the learned counsel for the respondent No. 4.

(2.) This writ petition under Articles 226 and 227 of the Constitution to India is titled as Public Interest Litigation. It is filed by three persons. The prayer has been made therein for setting aside of the order dated 18th of July, 2002 Annexure 3. Under annexure 3 which is at page No. 14 of the writ petition the, State Government, as per the recommendations made by the Collector, Sikar, granted the permission for allotment of the land of the category of 'gair mumkin' rasta to Municipal Board, Ringas.

(3.) In reply to the writ petition, the respondents No. 1 to 3 raised a plea that this petition filed in the form of Public Interest Litigation is not a bona fide one. It is a mala fide action of the petitioners and an attempt to abuse the process of the Court.