KANTI LAL PATEL Vs. NARESH TALDAR

JUDGEMENT

(1.) These two petitions for writ are heard together being arising out of the same controversy and being having facts substantially interlinked.

(2.) The writ petition No.5053/2012 is directed against the order dated 3.5.2012 read with the order dated 29.4.2010 passed by learned District Judge, Banswara in Original Civil Suit No.34/2010. By the order dated 29.4.2010 learned District Judge while exercising powers under Section 91(1) of the Civil Procedure Code, 1908 granted leave to the respondents No.1 and 2 to prefer and institute a suit for removal of public nuisance or wrongful act. To recall the order aforesaid the petitioners preferred an application and that came to be rejected vide the order dated 3.5.2012.

(3.) While questioning correctness of the orders aforesaid it is submitted by Shri M.C.Bhoot, learned Senior Advocate assisted by Shri Arpit Bhoot and Mr. Surendra Singh that the court below granted leave to institute suit in public interest with mechanical exercise of powers as much as no reason has been prescribed for granting such leave.