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2005 Supreme(Raj) 3324

RAJESH BALIA, R.P.VYAS
Ajeet Singh Singhvi – Appellant
Versus
State of Rajasthan – Respondent


For the Respondent:B.K. Vyas, J.L. Purohit and S.L. Jain,Advocates.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appellant sought to be impleaded as a party in a Public Interest Litigation (PIL) related to a plot of land, claiming personal interest due to his proximity to the plot (!) (!) .

  2. The Court held that the appellant was neither a proper nor a necessary party to the PIL because he had shown a personal interest rather than a public interest, and therefore, his inclusion was unwarranted (!) (!) .

  3. The appellant's claim was based on his adjacency to the plot and a prior bid for the same plot, but these did not establish a vested or sufficient interest to qualify him as an aggrieved person in the PIL (!) (!) .

  4. The appellant's application to be impleaded was filed long after the petition was ripe for hearing, without adequate explanation for the delay (!) .

  5. The Court emphasized that personal interest in a land dispute disqualifies an individual from pursuing a PIL, which is meant to address issues of public concern, not individual grievances (!) (!) .

  6. The Court dismissed the appeal and the application under the Limitation Act, affirming that the appellant was not entitled to be a party in the PIL and was not an aggrieved person (!) .

  7. Overall, the decision underscores that only individuals with a genuine public interest or who are directly affected in a manner recognized as necessary for PIL can be parties to such litigation, and personal interests alone are insufficient (!) (!) .

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JUDGMENT

1. - This appeal is directed against the order passed by the learned Single Judge on 16.4.2002 by which the Writ Petition No. 3948/97 filed by one Khumandas Rankawat stated to be a public interest litigation was dismissed by learned Single Judge finding no merit in it.

2. The present appellant has moved an application on 14.12.2001 to be impleaded him as a party in that writ petition to support the petitioner. While dismissing the writ petition, the learned Single Judge rejected the application of the present appellant also finding that he has no right in the plot in question.

3. The appeal is barred by 46 days. The application under section 5 of Limitation Act has been moved stating that since the appellant was not represented by lawyer be could not come to know about the order under challenge, therefore, he could not file the appeal within limitation.

4. Assuming for the present purpose that delay in filing the appeal is condoned, however, we do not find any substance in the appeal to keep it pending at the instance of the petitioner-appellant.

5. The writ petition was filed as a public interest litigation whereas the appellant in this case, in his application to be impleade






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