GANGA SAHAI SHARMA Vs. STATE OF RAJ.

JUDGEMENT

(1.) THE framers of the Constitution had thought it proper to provide special remedy to the Citizens in High Courts by incorporating provisions in Article 226 of the Constitution of India. The High Courts are empowered with the jurisdiction, which is of an extra -ordinary nature, for redressal of grievance of the citizens with the object of immediate relief. But it is often found that grievances raised before the said forum are not genuine and in fact it is misused by certain people, resulting in wasting of precious time of the Court and creating hurdles for those who really need justice from it. In some cases proceedings are initiated and interim relief obtained but later on the proceedings are brought to an end by those very persons. In the case of Anant Prasad Pandey vs. Secretary, Madhyamik Shiksha Mandal, Bhopal & Ors., : (2002) 2 MPLJ 369 decided by the High Court of Madhya Pradesh at Jabalpur, an observation was made by Mr. Justice Deepak Mishra, as he then was, as under:

(2.) SOME what similar situation had arisen in the instant case when it was taken up for hearing. This Court was informed that both the counsels for the Jaipur Development Authority are no more representing it. Therefore, directions were given by this Court, with the consent of the Secretary, Jaipur Development Authority who was present in person, to Shri N.K. Maloo, Senior advocate to represent the said respondent. Thereafter, an application came to be filed by one Bhawani Shankar Sharma to be impleaded as party to the writ petition. After thoroughly considering the facts and circumstances of the case, this Court vide order dated 25.7.2012 allowed the application under Order 1 Rule 10 CPC for impleading the applicant as party respondent. The newly impleaded party then filed a detailed reply to the writ petition. It had also filed a stay application along with documents with the prayer to issue directions to the Jaipur Development Authority to remove the encroachment from Khasra Nos. 224, 225, 295 and 297, measuring 6 bighas 14 biswas situated at village Chainpura Tehsil Sanganer District Jaipur. Further, it was prayed that stringent action be taken against the petitioner as well as the defaulting officers/officials of the Jaipur Development Authority.

(3.) BEFORE considering the prayer of the petitioner to permit withdrawal of the writ petition and the objection raised by the other side to grant of such relief, it would be appropriate to consider the material facts; the point of adjudication; the relief sought by the petitioner in the writ petition and the contest to it having been made by the respondents.