Judgment

G.P. Mathur, J.—Leave granted.

2. This appeal, by special leave, has been preferred against the order dated 28.5.2004 of High Court of Rajasthan by which the review petition filed by the appellant was dismissed.

3. It is necessary to mention some basic facts for the decision of the appeal. The respondent, C.L. Mishra, sent a letter to the Rajasthan High Court that a temple had been constructed on a land adjoining Bagla Mukhi Sadhana Kendra in Sector 3, Malviya Nagar, Jaipur, a place which was earmarked for a park and the construction had been made without prior approval of the competent authorities. The letter was treated as a public interest litigation and was registered as D.B. Civil Writ Petition No. 6051 of 1997 at the Jaipur Bench of the High Court. Notices were issued to the Jaipur Municipal Corporation, Rajasthan Housing Board, Collector Jaipur, and two private persons namely Shyam Lal Gulani and Hargum Dass Motwani, who were alleged to have raised the unauthorized construction. These persons filed a joint reply asserting that the writ petitioner himself was an unauthorized occupant and he had forcibly taken possession of the temple where he was residing. They also sub