KANTI LAL UPADHYAYA Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) The instant writ petition in the nature of Public Interest Litigation has been filed by the petitioner herein with the following prayers:-

(2.) At this stage, it would be relevant to mention here that the petitioner is a habitual litigant who has been indulged in filing multiple writ petitions styling them to be Public Interest Litigations. D.B. Civil Writ petition No.19728/2022 filed by the petitioner was dismissed by this Court vide order dtd. 3/1/2023 observing that the petitioner had tried to espouse purely a private dispute by projecting it to be a matter of public interest.

(3.) Learned counsel Shri Rajesh Shah representing the petitioner, vehemently and fervently contended that the instant writ petition involves issues of earnest public interest and has been filed by the petitioner with bonafide objective. He contended that the private respondents Nos.8 and 9 fraudulently procured plot No.926 located in the Gram Panchayat, Santpur because the seller Shri Chhogaram had himself, managed to procure a forged patta of the said plot. He urged that enquiries on this allegation were conducted by the Revenue Department and the Panchayat officials and it has been affirmed that the patta, allegedly issued in the name of Chhogaram for the above plot, is fabricated. He submitted that as the patta itself is fabricated, the consequential sale deed and grant of permission for commercial construction are invalid on the face of record. The construction made on the plot in question, tantamounts to encroachment over government land and hence, a direction be issued to the respondents to demolish the building constructed on government land of prohibited category procured by fraud.