LAWS(RAJ)-1966-9-16

CHANDMAL NAURAT MAL Vs. STATE OF RAJASTHAN

Decided On September 05, 1966
CHANDMAL NAURAT MAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE case before us comes on an office report to the effect that a joint petition filed by 41 petitioners for restraining the respondents from enforcing the provisions of the Rajasthan Agricultural Produce Markets Act (Act No. 38 of 1961), 1961, the Rules made thereunder and the bye-laws made by the Krishi Upaj Mandi samiti, Kishangarh. is not maintainable in view of Rule 375 of the Rajasthan High court Rules, 1952 hereinafter to be referred as the "rules", on the ground that the relied claimed by the petitioners cannot be said to be founded on the same cause of action The office points out that while the petitioners may have similar or identical causes of action, they cannot be said to have the same cause of action within the meaning of the Rules.

(2.) THE learned counsel for the petitioners contested the correctness of the office report and as, since the enactment of Rule 375 of the Rules by S. R. O. No. 6 of 910-64 a practice has grown up in this Court not to entertain such joint writ petitions, we invited a full dressed argument and have also given notice to the learned Government Advocate. Rule 375 occurs in Chapter XXII Part IV of the rules is as follows:

(3.) LEARNED counsel for the petitioners has placed reliance on Nathmal v. Commissioner Civil Supplies, Rajasthan, ILR (1951) 1 Raj 674 : (AIR 1952 Raj 74), qurab Aliv. Govt. of Rajasthan, ILR (1959) 9 Raj 1084 : (AIR 1960 Raj 152), annam Adinarayana v State of Andhra Pradesh, AIR 1958 Andh Pra 16 and four decisions of the Allahabad High Court reported as Bhumarg Yatayat v Regional transport Authority, Meerut, AIR 1962 All 145, Durga Das Bhattacharya v. Municipal Board, Banaras, AIR 1962 All 277, Abdul Qayum v. Keshav Saran, AIR 1964 All 386 and Khem Karan v. State of Uttar Pradesh, AIR I960 All 255.